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PATENTS 



LAW and PRACTICE 



CONTENTS* 

PAGES 

Index, United States Patents I 

Index, Foreign Patents . . r 2 

Digest of United States Law and Practice ... 4 to 35 

Digest of Practice in Foreign Countries 37 to 49 

Schedule of Charges— United States 35 to 37 

Schedule of Char^rr— Foreign Patents. 50 to 55 



RICHARDS & CEIER 

PATENT & TRADE-MARK ATTORNEYS 

277 Broadway New York, N. Y. 

(5255 
Telephonts Worth s Q454 Cable Address "Richatty, NeWyork' 



Copyright 1922 by Richards & 0«l«r 



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INDEX 



UNITED STATES PATENTS 



Aiiiendinents — See Final Action et seq. 12, 36 

Appeals 21, 36 

Application for Patent 7, 36 

Assignees 5 

Assignments 31, 37 

Damages in Actions at Law 28 

Date and Term of Patent 5 

Deceased Inventor 5 

Design Patents 34, 36 

Disclaimers 23, 37 

Employer and Employee 32 

Examination of Applications 10 

Grants 31 

Improvements upon Patented Articles 25 

Infringements 24 

Infringement Searches 29 

Infringement Suits 26 

Injunctions 27 

Interferences 14 

Interfering Patents . 30 

Investing in Patents — See Validity Searches 29 

Joint Inventors 5, 33 

Licenses . 31, 37 

Litigation 36 

Marking Patented Articles 29 

Xature and Theory of U. S. Patent 4 

Ownership of Patents 32, 33 

Partnership 33 

Patent Office Procedure . IX) 

Penalty for False Marking : 30 

Profits in Suits in Equity 28 

Public Use or Sale 6 

Purchasing Patents — See Validity Searches. 29 

Records — Necessity for Keeping 16 

Reissues 19 

Schedule of Charges ?)6 

Searches, Infringement 29 

Searches, Preliminary 7 

Searches, Validity 29 

Secret Practice of an Invention 6 

Shop Rights 32 

Term of Patent 5 

Trade-Marks 35 

Validity Searches *. 29 

What ^lay be Patented 6 

Who May Obtain a Patent 5 



INDEX 



FOREIGN PATENTS 



Applications, Charges for • 50-51 

Assignment of Foreign Patents 49 

Assignment of Foreign Patents, Charges for 50, 51 

Canada — Importation 45 

Charges, Applications . . '. 50, 5 1 

Charges, Taxes 52, 53 

Charges, Workings 54, 55 

Comparison of Practice 38 

Conipulsory Licenses . 44 

Copies of Foreign Patents ■ 49 

Examination as to Novelty in Foreign Countries 42 

Foreign Department 37 

Gebrauchsmuster (Germany) 43 

Importance of Foreign Patents 37 

International Convention 41 

Litigation, Abroad ' . - 47 

Marking of Patented Articles Abroad 48 

Novelty Required 40 

Oppositions ....." 43 

Patents of Addition 42 

Provisional Protection 42 

Schedule of Charges 50-55 

Taxes 44, 52 to 56 

Taxes, Notices 46 

Utility Patents (Japan) 43 

When Application May be Filed for Foreign Patent 40 

Who May Apply for Foreign Patent 39 

Workings 44, 54, 55 

Workings, Charges for 54, 55 

Workings, Notices 46 



NOTICE. 
A Prefatory Word of Explanation to Our Second Edition. 



It is desired at the outset to particularly call the attention of 
those to whom this booklet may come that it is not an advertising 
pamphlet filled with glittering generalities and intended purely as a 
means for soliciting business. 

This little booklet is not intended to be exhaustive in any particular. 
It is designed to serve as a convenient handbook, presenting in con- 
cise form for ready reference the features most necessary to be 
available to lawyers, manufacturers and inventors to enable them to 
readily understand the leading points of the law and practice on this 
important subject matter, and to take the necessary steps to secure 
protection for this class of property. 

Mr. Richards, now deceased, the original founder of our firm, who 
was the author of the first edition of this booklet, was guided in his 
selection of the material herein by the questions most frequently 
propounded by clients, and endeavored to compile the law and prac- 
tice with respect to these questions in a comprehensive, logical man- 
ner, having in mind the necessity for brevity and conciseness. 
Practically all the matter contained herein is based directly upon the 
Revised Statutes, the Rules of Practice of the United States Patent 
Office and the decisions of the Courts and Commissioners of Patents. 
The author has purposely refrained from giving the citations of 
decisions and authorities, feeling that if the pamphlet were inter- 
spersed with numerous citations, the impression might be made that 
it. was intended for a complete treatise and many might be deterred 
from a reading thereof. This second edition has been carefully re- 
vised and enlarged by the addition of subject inatter which we feel 
properly falls within the scope of a booklet of this character. 

For fuller information reference should be had to the Patent Law, 
the Rules of Practice of the United States Patent Office, the decisions 
of the United States Court in patent matters, and the various text 
books upon the subject, which are usually to be found in most law 
and public libraries. 

We are always glad to furnish correspondents with more com- 
plete and precise information upon any specific questions either of law 
or practice, and with respect to any country or countries. 

RICHARDS & GEIER. 
New York, April 1922. 



PATENTS. 



United States. 



The Law. 

The authority, for the granting of Patents to' inventors and for 
the institution of our present patent system, is found in Article I, 
Sec. 8 of the Constitution of the United States under the express 
powers granted to Congress by the framers of the Constitution. 

Congress has made use from time to time of this power by 
passing various laws dealing with this very important subject, the 
existing laws being found in the Revised Statutes of the United 
States Title LX, Sections 4883 to 4936 inclusive and Title XI, Sec- 
tions 475 to 496, the latter sections which deal with the establishment 
of the Patent Office and the powers and duties of the officers and 
employees thereof. 

The jurisdiction of the United States Courts in patent matters is 
defined in various sections of the Revised Statutes, and in a number 
of special enactments, which may be found in the compilation of the 
Patent Laws, furnished upon request, without charge, by the Patent 
Office. 

In this connection it is important to remember that the meaning 
of the letter of the law in patent matters is determined by the deci- 
sions of the United States Courts, and these should be examined 
whenever any question of law is being carefully considered. 

The Nature and Theory of a United States Patent. 

Letters Patent are documents issued to the patentee by the Gov- 
ernment consisting of the grant, the specification and drawing if any, 
the specification and drawing containing a complete and full disclo- 
sure of the invention. 

The grant is a paper issued in the name of the United States of 
America under the seal of the Patent Office' signed by the Commis- 
sioner of Patents, containing a short title of the invention, and 
purporting to grant to the patentee, his heirs and assigns for a period 
of 17 years from the date of the grant, the exclusive right to make, 
vend or use the invention throughout the United States and the ter- 
ritories thereof and it refers to the specification for the particulars 
of the invention. 

While the patent states on its face that the exclusive right to 
make use or sell is granted, this in reality is not the case, but what 
really is granted is the right to exclude others from making, using or 
selling. The three rights named in the grant are disjunctive and 
separate, and infringement may be committed by an invasion of any 
one of these rights. 

Similarly the patentee may grant or license a limited right to 
another for the use of any one of the rights granted by his patent as 
well as for all of the rights which have been granted to him. 

Out of a long struggle in the English Courts prior to the institu- 
tion of our present system of patents the idea was gradually evolved 



of the contract theory of a patent, which theory, briefly stated, is that 
a patent is in the nature of a contract between the government repre- 
senting the public, and the inventor who agrees to disclose his 
invention to the public and in return the government grants him the 
right to exclude others from making, using or selling the invention 
for a term of 17 years and places the Federal courts at his disposal 
to aid him in punishing the invasion of this right. 

It is essential to this right to exclude others that the invention 
be new and also that the intangible something we call invention and 
not mere mechanical skill be involved, otherwise the patent will be 
declared invalid by the courts. 

Date and Term of Patent. 

The patent dates from the date of its issue, which is the date 
set forth in the grant, and its term is for seventeen years counting 
from such date. 



DIGEST OF LAW AND PRACTICE. 



Who May Obtain Patent. 

The Inventor: Anyone, male or female, minor or adult, citizen or 
alien, (except a member of the Patent Office force during his or her 
term of employment), may obtain a patent for his or her invention or 
discovery. 

Joint Inventors: May apply for and obtain a joint patent, but 
neither one alone may obtain a valid patent for a joint invention. 

The question as to whether an application for a patent should be 
made in the name of two or more interested parties to an invention as 
joint inventors is of the greatest importance and is frequently one of 
considerable difficulty and in most cases should be left to the judg- 
ment of a competent patent attorney, who should be thoroughly 
advised as to all of the circumstances of the inventive act. 

Many a patent has been held invalid by the courts after having 
been granted as a patent to joint inventors, when it has shown that 
in reality the inventive act was entirely the act of only one of the 
parties ; and also with a sole patent when the invention actually was 
joint. The books abound with cases in which an employer or a 
financially interested party, thinking to safeguard his interests, has 
joined his name with the real inventor as a joint inventor only to 
have the patent declared void and the entire rights of both parties lost. 

Insane Person: An application may be made by, and the patent 
will be issued to, the legally appointed guardian, conservator, or rep- 
resentative, for the invention of an insane person. 

Deceased Inventor: A patent may be obtained by the executor 
or administrator of a deceased inventor. 

Assignees: While all applications for patents must be made and 
signed by the actual inventor, if alive, the patent will be issued jointly 
to the inventor and his assignee of an undivided interest, or, in the 
name of the assignee of the entire interest, if proper request therefor 
is made in the assignment. 

5 



What May Be Patented. 

Subject Matter: Any new and useful invention or discovery re- 
lating to: 

1. An art, including a new and useful process. 

2. A machine. 

3. A manufacture, such as a new article of manufacture. 

4. A composition of matter. 

5. Any new and useful improvement in any one of the four pre- 
ceding subject matters. 

Novelty Required: To be patentable the invention or discovery 
must not have been known or used by others in this country, or pat- 
ented or described in any printed publication in this or any foreign 
country, before the applicant's invention or discovery thereof, or more 
than two years prior to the filing of the application for patent there- 
for ; must not have been in public use or on sale in this country for 
more than two years prior to the filing of the application for patent 
thereof; must not have been abandoned; and must not have been pat- 
ented in any foreign country on an application filed by the inventor 
or his legal representatives or assigns more than twelve months prior 
to his application for patent in this country. 

But the mere fact that the invention or discovery or any part 
thereof, had been known or used in any foreign country prior to the 
filing of the application for patent in this country, will not bar the 
issue of a patent thereon if it appear that the inventor, at the time 
of making his application, believed himself to be the first inventor or 
discoverer thereof. 

Public Use or Sale: Especial attention is invited to the statu- 
tory provision quoted above to the effect that the invention must 
not have been in public use or on sale in this country more than two 
years prior to the filing of the application for patent therefor. This 
is one of the statutory "bars," which when not complied with abso- 
lutely prevent the grant of a valid patent to an inventor. No pro- 
vision is found in the statutes, neither has there been any interpre- 
tation of this statutory rule by the courts or the Commissioner that 
modifies or allows any evasion of its provisions. The purpose of this 
statutory bar is to prevent an inventor from putting his invention in 
use or placing it on the market, then waiting for an indeterminate 
period, probably until threatened by competition, and thereupon filing 
an application and securing a patent, thereby in efifect producing a 
prolongation of the monopoly beyond the period of seventeen years. 
Many a valuable patent has been declared invalid and the inventor's 
rights granted thereby absolutely lost by a disregard or ignorance 
of this provision. A single instance of public use is sufficient to 
sustain the bar and if proven is a sufficient defense to secure the 
holding of a patent sued upon invalid. The fact that the invention 
could not be seen, as, for instance, the inner hidden parts of a lock 
on a safe will not prevent the bar from arising. If, however, the use 
is merely experimental it is held not a public use within the meaning 
of the statute. 

The Secret Practice of an Invention: It has been decided that an 
inventor cannot use an invention as a trade secret and then, finding 
that his secret has been, or fearing that it will be discovered, file appli- 



cation and obtain a valid patent therefor. The reasoning upon which 
this decision is based is sound when considered in connection with the 
fundamental principle that the consideration for the grant of the 
monopoly is the disclosure of the invention to the public. Again, 
the undue prolongation of the monopoly, by the secret practice or 
use of the invention beyond the two years period allowed by law, and 
the subsequent grant of a patent therefor, enters into consideration. 
An inventor must elect which course he will pursue. If he wishes to 
protect his invention by a patent he must decide upon this course and 
file his application with due diligence. 

The term "useful" as used in the patent statutes means that the 
invention be capable of performing a useful function and not that it 
is more efficient or practical than preceding devices. To be useful an 
invention must be operative to perform the desired function and must 
not be subversive to public health or morals. 

Preliminary Searches as to Novelty. 

These comprise a search of the prior United States patents only 
which are classified and arranged in the Search Room of the United 
States Patent Office partly according to functions and partly by struc- 
ture. To be of any value whatever these searches must be made by 
careful and experienced persons. As the Patent Office has done a 
vast amount of reclassifying and rearranging of the United States 
patents, it is frequently very difficult to find the best references in the 
time usually devoted to a preliminary examination. This is especially 
true if, as in many cases, the pertinent prior' patents have been scat- 
tered and are to be found in several different classes and sub-classes. 
In view of the above and our experience in the past few years with 
the results of preliminary searches we do not usually advise them as 
we consider them an unnecessary expense. 

If, however, a device is very simple and depends for its novelty 
entirely upon a very few structural details, it is generally better to 
have the preliminary search made. 

Time Required : Usually about one week is necessary to make a 
careful search and forward a report with copies of the patents, if any 
are found, which wholly or partially anticipate the invention. 

Requisites: In order that a satisfactory search may be made, a 
model or sample, photograph, blue prints, or clear sketch, showing the 
invention and its construction, together with a description of the same, 
its objects, operation and advantages, should be supplied. 

Application for Patent. 

A Complete Application for patent comprises the following: 

1. A petition, with power of attorney, if one is appointed, signed 
by the inventor with his full name. 

2. A specification, signed by the inventor. 

3. An oath, signed by the inventor before a notary public, or 
some person authorized by law to administer an oath, who must affix 
his official seal ; should the latter have no seal his official character 
must be established by competent evidence, as by a certificate from a 
clerk of a court of record or other proper officer having a seal. (In 

7 



foreign countries the oath had best be made before a diplomatic or 
consular officer of the United States, but may be made before a notary 
public, judge, or magistrate, having an official seal, and authorized to 
administer oaths in such country, whose authority shall be proved by 
a certificate of a diplomatic or consular officer of the United States). 
Only the inventor, if living, can sign the petition, specification, and 
oath. , 

4. A drawing on bristol board, in India ink, signed by the inven- 
tor or his attorney. The rules as to drawings are very technical and 
numerous. 

5. The filing fee of $20.00 (after April 19, 1922). 

The Specification: This should contain a full description of the 
invention, and of the manner or process of making, constructing or 
compounding, and using it, in such full^ clear, concise, and exact terms 
as to enable any person skilled in the art or science to which it apper- 
tains, or with which it is most nearly connected, to make, construct, 
or compound, and to use the same. 

In case of a machine, the principle must be explained, and the 
best mode in which it is contemplated to apply that principle, so as 
to distinguish it from other inventions ; and the part, improvement, or 
construction which is claimed as the invention or discovery must be 
particularly pointed out and distinctly claimed. Also the exact con- 
struction and operation of every essential part, and of the machine as 
a whole, must be clearly set forth. 

If the invention relates to an art or process it should be described 
step by step, as well as the operation as a whole. 

If it relates to a composition of matter it must enumerate all the 
different materials entering into such composition, the proportions of 
each, the manner of combining them, and the essential qualities of the 
resulting composition, 

''Persons skilled in the art," are those of ordinary and fair knowl- 
edge of the particular art and need not necessarily be experts in the art. 

Absolute precision, such as exact measurement of the parts, is 
not required, but a failure to describe an essential element voids the 
patent, and it should be remembered that false suggestions in a mate- 
rial part of the specification, or concealment by which a patentee ob- 
tains an advantage over the public, if wilful, voids the patent. 

The Claims — Their Importance: The office of the claims is to 
define the exact limits of the invention, and no matter what has been 
described in the body of the specification, or illustrated in the draw- 
ing, the invention patented is the invention set forth in the claims, — 
nothing more. The patentee is bound by his claims, and these will 
not ordinarily be enlarged by reference to the specifications. Failure 
to claim described matter dedicates it to the public use, unless claimed 
in other applications which should be properly referred to. 

A claim covers all known equivalents suitable for use for the 
same purpose. 

Claims covering alternative constructions will not be allowed by 
the Patent Office, and a claim covering merely a function or ''mode of 
operation" is invalid. The claim for a machine or apparatus should be 
drawn to cover its construction, not its mode of operation, or the 
result produced. 

8 



Only one invention can be claimed in a single application, the 
general rule being that every art or instrument complete in itself, and 
capable of separate use, constitutes a distinct invention, and should 
form the subject matter of a separate application for patent. 

A process and its product cannot be claimed in a single applica- 
tion unless the one is dependent upon, and inseparable from, the other ; 
neither can a machine and its product, an art and its apparatus, be so 
claimed unless it appear that they are the result of a single inventive 
act, or in other words that the two are so inseparable that the concep- 
tion of one necessarily involved the conception of the other. A manu- 
facture must be claimed as a new product, and independently of the 
process of making it. 

The Drafting of the Specification and Claims. The proper draft- 
ing of the body of the specification as well as the claims of a patent 
application demands the most careful thought and consideration of a 
thoroughly trained and experienced patent attorney. If the patent is 
subsequently involved in litigation the specification is subjected to 
the closest scrutiny, the claims being interpreted usually by reference 
to the specification. It will be seen, therefore, that in composing the 
specification, and having for guidance the former decisions of the 
courts, that due consideration must be given to the probable future 
interpretation of the language used in describing the invention. In 
the drafting of the claims the various technical requirements as to 
their form, which are insisted upon by the Examiners of the Patent 
Office, must be borne in mind and as it is obviously important to claim 
the invention disclosed so as to cover all substantial equivalents or 
modifications of the invention, the claim draftsman must attempt to 
visualize these various devices and endeavor to state the invention in 
its broadest possible aspect so as to thoroughly cover not only the 
structure disclosed, but the inventive idea, as it may be changed or 
modified, limiting the claims, however, in view of the known prior art. 

It would be impracticable in a brief treatise such as contained in 
this pamphlet to cover thoroughly the law and practice relating to the 
proper form and scope of the specification and claims of a patent, 
attention being called to the following paragraph of Rule 17 of the 
Rule of Practice of the United States Patent Office which reads in 
part as follows : 

"ATTORNEYS. 

"17. An applicant or an assignee of the entire interest 
may prosecute his own case, but he is advised, unless familiar 
with such matters, to employ a competent patent attorney, as 
the value of patents depends largely upon the skillful prepa- 
ration of the specification and claims. The office can not aid 
in the selection of an attorney." 

From what has been stated above the wisdom of the advice given 
in the quoted paragraph will be apparent. 

The Drawing: This must show every feature of the invention 
claimed : if the invention relates to an improvement on an old machine 
it must exhibit in one or more views the improvement itself discon- 
nected from the old structure, and in another view so much only of 
the old structure as will suffice to show the connection of the inven- 
tion therewith. 



PROCEDURE IN THE PATENT OFFICE. 

Filing of Applications: An application is complete when all the 
documents required, in proper form, together with the filing fee, 
are received at the Patent Office. It is then given its filing date 
and consecutive serial number, and an official receipt is issued there- 
for. An incomplete application will not be placed upon the files for 
examination : the application must be completed and prepared for 
examination within one year unless it is shown to the satisfaction of 
the Commissioner that the delay was unavoidable. 

Privileged Applications: The following applications have prefer- 
ence over all others at every period of the examination, in the order 
stated : 

1. Applications wherein the inventions are deemed of peculiar 
importance to some branch of the public service, and when for that 
reason the head of some department of the Government requests im- 
mediate action and the Co'mmissioner so orders. 

2. Applications for reissues. 

3. Cases remanded by an appellate tribunal for further action, 
and for statements of grounds of decisions in appeals, or petitions. 

4. Applications which appear to interfere with other applications 
previously considered and found to be allowable, or which it is de- 
manded shall be placed in interference with an unexpired patent or 
patents. 

5. Applications which have been renewed or revived, but the sub- 
ject matter not changed. 

6. Applications filed more than twelve months after the filing of 
an application for the same invention in a foreign country. 

Order of Examination: Applications are classified according to 
the various arts, and sent to the different divisions in the office where 
they are taken up for examination in regular order of filing, those in 
the same class being examined and disposed of, so far as practicable, 
in the order in which they have been completed. 

Applications will not be advanced for examination excepting upon 
order of the Commissioner either to expedite the business of the office 
or upon a verified showing that delay will probably cause the appli- 
cant serious and irreparable injury. 

Due to the inertia and neglect of Congress in not providing funds 
for the employment of a sufficient number of people to perform the 
work the present conditions in the Patent Office are deplorable, many 
of the divisions being almost one year behind in their work. This 
means that an applicant must wait, in many instances, a whole year 
after his application has been placed on file in the Patent Office before 
an action is miade by the Examiner on his application. 

The Examination: Applications are examined as to form and 
merits. Where the specifications and claims are such that the inven- 
tion may be readily understood the examination will be directed 
throughout to the merits, and only in cases where patentable subject 
matter is found, and in appeal cases, will corrections in matter of form 
be first insisted upon, but such corrections must be made before final 
allowance of patent. 

10 



Examiners of the Patent Office, who are practically all highly 
trained technical and legal experts, are required to make a thorough 
investigation of the prior art to which the invention belongs to deter- 
mine whether the invention is new and useful, and patentable. These 
examinations are usually conducted with thoroughness. Prior patents 
in the class to which the invention belongs, and those in other classes 
where there is a possibilit}^ that there may be any analogy, are care- 
fully compared with the pending application. Prior patents of other 
countries, and printed publications accessible to the examiner are also 
subject to examination. The result of the examination is communi- 
cated to the applicant, and in the great majority of cases consists of a 
rejection, or partial rejection of the claims as presented, with reasons 
therefor, and such information and reference to prior patents or publi- 
cations as will be useful to the applicant in the further prosecution of 
the application. 

Such a rejection is not a definite and final refusal to grant a pat- 
ent, and generally it is better if a patent is later brought into the 
courts to have had some of the claims rejected so that the nearest prior 
patents or references will be recorded, thus pointing out clearly the 
advance in the art made by the invention. The examination is made 
with more particular reference to what is claimed than what is shown 
in the application, and while the invention itself may be entirely new 
and useful, and therefore patentable, the examiner may properly reject 
the claims for the reason that they are so worded that they read upon 
old and well known devices as well as they do upon the applicant's 
invention, and require amendment so that they will distinguish the 
applicant's invention from such devices. 

The examination by the Patent Office and the prosecution of the 
application by the applicant is in the nature of a struggle between the 
Examiner, who represents the public and who seeks to limit the 
monopoly to be covered by the patent, while the inventor seeks to 
have the broadest possible aspect placed upon his contribution to the 
useful arts. 

In this struggle the applicant, after carefully comparing the ref- 
erences cited by the Examiner, must point out the differences between 
his invention and the references cited by the Examiner and must en- 
deavor to convince the Examiner that these differences amount t6 
invention, and frequently must cite the decisions of the courts and 
Commissioners to support his contentions. It will thus be seen that 
this controversy requires a high degree of both technical and legal 
training in order that an applicant may always secure the protection 
to which he is entitled, for while in theory, the Examiner is supposed 
to assist the'inventor to the best of his ability, it is an impossibility 
with the limited time at his disposal to consider every case from the 
standpoint of both the inventor and the public. 

Applicant's Right to Amend: The applicant has the right to 
amend his specifications and claims either before or after the first 
rejection or action ; and he may amend as often as the examiner pre- 
sents new references or reasons for rejection. He must point out all 
the patentable novelty which he thinks the case presents in view of 
the state of the art disclosed by the references cited or the objections 
made, and show how the amendments avoid such references or ob- 
jections. The amendment must respond fully to all the rejections or 
objections of the Examiner. 

11 



Amendments after notice of allowance of patent are not permitted 
as a matter of right, but may be made, if the specification has not been 
printed, on the recommendation of the primary examiner, approved 
by the Commissioner, without withdrawing the case from issue. 

New Matter Not Admitted : All amendments of the drawings or 
specifications, and all additions thereto, must conform to at least one 
of them as it was at the time of the filing of the application. Matter 
not found in either, involving a departure from the original invention, 
cannot be added to the application even though supported by a sup- 
plemental oath, and can be shown or claimed only in a separate appli- 
cation. 

Division of Applications: Two or more independent inventions 
cannot be claimed in one application, but where several distinct inven- 
tions are dependent upon each other and materially contribute to 
produce a single result they may be claimed in one application. 

The Patent Office frequently requires an application to be divided 
and separate applications to be filed for separate and independent 
improvements upon different parts of the same machine. 

Whether a division is necessary is a question that the Patent 
Office alone can decide. If the independence of the inventions be 
clear, division must be made before there will be any action upon the 
merits ; otherwise it may be made at any time before final action, in 
the discretion of the examiner. 

In making a division the inventor is required to limit the descrip- 
tion, drawing and claims of the pending application to whichever in- 
vention he may elect to prosecute. He may file new and separate 
applications for the subject matter eliminated. 

After a final requirement of division, the applicant may elect to 
prosecute one group of claims, retaining the remaining claims in the 
case with the privilege of appealing from the requirement of division 
after final action on the group of claims prosecuted. 

Models or Specimens: These are not required, nor will they be 
admitted as a part of the application, except when required by the 
examiner as necessary or useful. When so required models should be 
neatly and substantially made of durable material, metal preferred, 
and must clearly exhibit every feature of the invention claimed, but 
should not include other matter unless it be necessary to the exhibi- 
tion of the invention in a working model. 

Where specimens are required, the applicant should furnish speci- 
mens of the composition, and of its ingredients sufiicient in quantity 
for the purpose of experiment, and where the article is not perishable, 
with a specimen of the composition claimed put up in proper form to 
be preserved by the Patent Office. 

Final Action — Allowance or Rejection: The object of amend- 
ments is, of course, to correct errors in the specifications and draw- 
ings, and to define clearly the limits, the metes and bounds of the field 
of the monopoly which the applicant is entitled to have granted to 
him. Such an amendment having been filed the examiner continues 
his examinations. He may find and cite new references, or objections, 
and additional amendments may be required to overcome them. 

The examination and prosecution of an application may therefore 
involve from one to a dozen or more letters by the examiner, and the 
filing of as many amendments. 

12 



Except in complicated or unusually "close" cases the prosecution is 
usually terminated in not more than three amendments. 

The proper preparation of amendments during the course of the 
prosecution, involving as they do the necessity for a careful study, 
and comparison of a number of patents, the advisability of adding 
new claims, or of csAicelling or limiting claims, with the effect of such 
cancellations or limitations upon the scope of the patent, the prepara- 
tion of arguments to the Examiner, and the search for and citation of 
decisions to support such arguments is obviously of as great if not 
greater importance and effect in securing the strongest possible patent 
than the initial preparation of the case. 

Upon completion of the examination, final action is taken either 
by an allowance of the application, in which case an official notice of 
allowance is sent to the applicant, or the examiner finally rejects the 
claims or a part thereof. The applicant has the right to appeal from 
a decision of final rejection. (See Appeals, page 21.) 

If the applicant does not desire to appeal he may cancel the claims 
rejected and accept those allowed. 

A rejection can not be made final until the examiner has twice 
rejected the same claim upon the same references or same state of 
facts, or until an issue has clearly been reached. 

Payment of Final Fee. — Issue of Patent: A final fee of $20 is 
payable to the government within six months, counting from the date 
of allowance. 

The patent is issued on the fourth Tuesday after the first Thurs- 
day following the receipt of the final fee at the Patent Ofiice. 

As before stated, the patent is granted for a term of seventeen 
3'ears, counting from the date of issue. 

Renewal of Forfeited Applications : Whenever a patent has been 
withheld by failure to pay the final fee within the six months' period 
allowed by the law, any person, whether inventor or assignee, who 
has an interest in the invention for which the patent was allowed, may 
file a renewal of the application at any time within two years after the 
date of the allowance of the original application. 

The renewed application bears date from the date of renewal, and 
is subject to examination like an original application. The question of 
abandonment will be considered as a question of fact. 

The application papers of the original application may be used, 
but a new fee is required. It is usual for such applications to be 
quickly allowed, unless they have been materially amended. 

The Question of Abandonment. — Applications : An application 
must be completed and prepared for examination within one year, and 
in default thereof, or upon failure to duly prosecute the same within 
one year after any action thereon by the Patent Office, of which notice 
has been mailed to the inventor or his agent, the application will be 
regarded as abandoned, unless it shall be shown to the satisfaction of 
the Commissioner that such delay was unavoidable. An inventor may 
also formally abandon an application by notice duly given to the 
Commissioner. 

When a new application is filed in place of an abandoned applica- 
tion, a new petition, specification, oath, and fee is required, but the old 
drawing, if suitable, may be used upon the filing of suitable permanent 
photographic copies thereof. 

13 



An abandonment of an application does not of itself constitute an 
abandonment of the invention. 

Of Invention: An invention once abandoned to the public can 
never be recalled by the inventor. The intention to abandon need not 
be expressed in words ; it is a question of fact, and of intention, not of 
law. A court or jury has the right to infer an abandonment from the 
inventor's acquiescence in the use of the invention by others ; his 
neglect to assert his claims by suit or otherwise ; his neglect to make 
efforts to realize any personal advantage ; and similar circumstances. 

INTERFERENCES. 

Defined — Their Object: An interference is a proceeding insti- 
tuted in the Patent Office for the purpose of determining the priority 
of the inventive act between two or more parties claiming substan- 
tially the same patentable invention. The intent of the law is that a 
patent shall be granted to the first and original inventor, and in an 
interference proceeding the sole question is that of the priority of the 
inventive act. 

Where there are rival claimants for the same invention it becomes 
the duty of the Patent Office to ascertain which of the claimants is the 
true and first inventor. To determine this a proceeding, in the nature 
of a judicial proceeding, is instituted in the course of which each of 
the several parties is given full opportunity to present his claims, and 
take testimony in support thereof, and to hear the evidence given in 
behalf of his opponents with full right to cross-examining the appear- 
ing witnesses. 

In What Cases Declared: Interference will be declared in the 
following cases, when such application or applications and patents 
contain claims for substantially the same invention which are allow- 
able in all of the applications involved : 

(a) Between two or more pending applications by different 
parties, whether for patent or for reissue. 

(b) Between applications for patent, or for reissue, and unexpired 
original or reissued patents, of different parties. But where the filing 
date of any applicant is subsequent to the filing date of any patentee, 
the applicant is required to file an affidavit that he made the invention 
before the filing date of the. patentee. 

The fact that one of the parties has already obtained a patent will 
not prevent an interference, for, although the Commissioner has no 
power to cancel a patent, he may grant another patent for the same 
invention to a person who proves to be the prior inventor. 

Preparation of Cases : All preliminary questions must be settled ; 
the issue clearly defined; the invention, the subject matter of the con- 
troversy, decided to be patentable ; and the claims put in such condi- 
tion that they will not require alteration after the interference has 
been decided, unless the evidence adduced upon the trial shall necessi- 
tate or justify such change. 

Failure to Prepare — Penalty: When the claims of two or more 
applications differ in phraseology, but relate to substantially the same 
subject matter, the examiner, when one of the applications is ready 

14 



for allowance, will sugg'est such claims as are necessary to cover the 
common invention in substantially the same language, and require 
the parties to make such claims and put the applications in condition 
for allowance within a specified time so that an interference may be 
declared. 

If any applicant fails to make such claims within the time speci- 
fied, such failure will be taken as a disclaimer of the invention covered 
by the claims. If a party makes the claims without putting his appli- 
cation in condition for allowance, the declaration of interference will 
not be delayed, but, after final judgment the application of that party 
will be held for revision and restriction. 

Declaration of Interference: This is made by the examiner of in- 
terferences who forwards formal notices thereof to each of the parties 
concerned, fixing a time within which preliminary statements must be 
filed. 

Preliminary Motions and Actions : If a party requires a post- 
ponement of the time for filing his preliminary statement he may pre- 
sent a motion, duly served on the other parties, setting forth his 
reasons therefor, supported by affidavit ; such motion, if possible, 
should be made prior to the day previously set. The examiner of in- 
terferences may, in his discretion, extend the time on ex parte request 
or upon his own motion. 

\A'here only a part of an invention is involved in the interference 
the applicant may file certified copies of the part or parts of the speci- 
fication, claims and drawings which cover the interfering matter, and 
such copies may be used in the proceeding in place of the original 
application. 

\Mien a part only of an application is in interference, the appli- 
cant may withdraw the non-interfering part and file a new application 
therefor, or may file a divisional application for the same if the inven- 
tion can be properly divided. 

An applicant may also, with the written consent of the assignee, 
if any, file a signed disclaimer of the invention of the particular matter 
in issue in order to avoid the continuance of the interference. 

The Preliminary Statements : Each of the parties is required to 
file a statement, under oath, on or before a date fixed by the Patent 
Office, showing the following facts : 

If the invention was made in the United States the statement 
must set forth: 

(a) The date of his original conception of the invention. 

(b) The dates upon which the first drawing and the first written 
description of the invention were made. 

(c) The date upon which the invention was first disclosed to 
others. 

(d) The date upon which the invention was reduced to practice. 

(e) A statement showing the extent of use. 

(f) The date and number of any application for the same inven- 
tion filed within twelve months before the filing date in the United 
States, in any foreign country adhering to the International Conven- 
tion for the Protection of Industrial Property or having similar treaty 
relations with the United States. 

15 



If either a drawing or a written description has not been made, or 
if the invention has not been reduced to practice, disclosed to others, 
or used to any extent, the statement must particularly disclose these 
facts. 

Where the invention was made abroad the statement must set 
forth: 

(a) That the applicant made the invention the subject matter of 
the interference. 

(b) Whether or not the invention was ever patented ; if so, when 
and where, the number and date of each patent, the date of publication, 
and the date of sealing thereof. 

(c) Whether or not the invention was ever described in a printed 
publication, and if so when and wdiere, giving title, place and date. 

(d) When the invention w^as introduced into the United States, 
giving dates and the circumstances connected therewith. 

Preliminary statements must be carefully prepared as the parties 
will be strictly held in their proofs to the dates set up therein. 

The Necessity for Keeping Accurate Records: In view of the 
above reqiuirements as to the essential parts of the preliminary state- 
ments manufacturers should keep in their files a complete record of 
any inventions that are being developed under their directions. Such 
records should of course consist of the necessary data required by the 
preliminary statements and should preferably be signed by witnesses 
who can be called upon to prove the authenticity of the dates involved. 

Special attention should be directed to record the data required 
under the first four sub-heads (a to d) of the paragraph with respect 
to inventions, made in the United States, as these are the dates of 
which no record usually is kept. The statements required under sub- 
heads e and f are usually available without the necessity of special 
records. To recapitulate, these records should include : 

(a) A written memorandum of the date of the original conception 
of the invention. 

(b) The dates upon which the first drawing and the first written 
description of the invention were made. 

(c) A memorandum of the date upon which the invention was 
first disclosed to others with an acknowledgment of the date by the 
person or persons to whom disclosed. 

(d) A memorandum of the date when the invention was reduced 
to practice. Reduction to practice is the embodiment of the inventive 
idea in an operative form, capable of performing the function for which 
it was designed. A working model will not suffice. 

The filing of a completed application for patent is held a construc- 
tive reduction to practice. 

In this connection a word of caution to the manufacturer or inven- 
tor is appropriate. Probably as many valuable inventions have been 
lost to the first inventor by failure to exercise due diligence in reduc- 
ing an invention to practice as from any other one cause. The cases 
are legion in the books where the inventor has laid aside his invention 
without reducing it to practice either by filing an application for 
patent or by constructing a complete operative device, and where a 
rival inventor who, although he conceived the invention at a much 

16 



later date than the first inventor, was diligent in reducing the invention 
to practice and therefore was entitled under the law to an award of 
priority. 

It will be readily apparent then that the wisest and safest plan 
for the inventor to follow is always to file an application for patent at 
the earliest possible moment, not waiting for the completion of the 
actual reduction to practice. 

Xo earlier dates than those set forth in the preliminary statements 
can be proved later on. 

Presumption as to Invention — Burden of Proof: Parties to an 
interference will be presumed to have made the invention in the 
chronological order in which they filed their completed applications 
for patents, and the burden of proof rests upon the party seeking to 
establish a different state of facts. 

Failure to File Statement — Penalty: Testimony will not be re- 
ceived from a party who fails to file a statement, to prove that he 
made the invention at a date prior to the date of his application, but he 
will be restricted to his record date. 

Inspection of Statement and Files : After the preliminary state- 
ments have been filed and approved, the parties are permitted to see 
or obtain copies of each other's file wrappers, and so much of their 
contents as relates to the interference. 

Preliminary statements may be inspected by opposing parties 
when all have been filed, or the time for filing, with extension, if any, 
has expired, and the statements approved. A party in default in filing 
may not inspect his opponent's statements until he has either filed his 
statement, or waived his right thereto and agreed to stand upon his 
record date. 

A party who alleges no date in his statement earlier than the 
filing date of the application or applications of the other parties can- 
not have inspection of their preliminary statements. 

Motions : Motions may be made during the interference, the 
practice being similar to that in the United States eq,uity courts. Rea- 
sonable notice of all motions, and copies of motion papers and af^- 
davits, must be served upon opposing parties, and proof of such service 
must be made before motions will be entertained. Motions will not 
be heard in the absence of either party except upon default after due 
notice. The following are proper motions : 

(a) To file an amendment containing claims which should be 
made the basis or added to the issue of the interference. 

(b) To put into the interference any claim^s in the application or 
patent which should be included in same. 

(c) To amend a preliminary statement to cure defects or material 
errors. 

(d) For postponement of time for filing statement. 

fe) To dissolve the interference for irregularity; non-patenta- 
bility of an applicant's claim ; or denial of applicant's right to make 
such a claim. 

(f) To postpone the hearing. 

(g) For extension of time to take testimony, 
(h) To strike out testimony. 

17 



(i) To effect a stay of proceedings. 

(j) To shift the burden of proof. 

(k) To permit an assignee to prosecute or defend the interference 
in the event of the inability or refusal of the inventor to do so. 

(1) To take testimony in foreign countries. 

(m) To dispense with printing of testimony, in proper cases. 

Taking Testimony: Times Avill be assigned by the Patent Office 
in which the junior applicant shall complete his testimony in chief, and 
the other party shall complete the testimony on his side, and a further 
time in which the junior applicant may take rebutting testimony. If 
more than two parties, such times will be arranged that each will have 
opportunity to prove his case, and for rebutting testimony. 

Such times may be extended upon motion by showing sufficient 
reason therefor. 

The testimony must be taken before a Notary Public or other 
officer qualified therefor, and only after due and reasonable notice to 
opposing parties who must have opportunity to attend and cross- 
examine witnesses. 

The same rules of evidence apply as in the Courts of the United 
States. 

If during the pendency of an interference a new reference is found 
partly or wholly anticipating the invention, the proceedings may be 
suspended for the consideration of such reference inter partes, before 
the law examiner. The proceedings may also be suspended and hear- 
ings held before the Examiner of Interferences for the addition of 
new parties. 

Upon the completion of the testimony the officer before whom it is 
taken is required to properly endorse, certify, seal, and forward the 
same to the Patent Office, together with notices, proofs of service, and 
exhibits. 

Testimony in Foreign Countries : By leave of the Commissioner 
first obtained upon motion, testimony may be taken in foreign coun- 
tries. 

Unless there is a stipulation between the parties as to oral inter- 
rogatories, a time will be fixed upon the granting of the motion for fil- 
ing the interrogatories to be propounded to each witness, a copy of 
the same being served upon the opposing parties, who may, within a 
designated time, file their cross-interrogatories with due service of 
copies of the same upon the other parties. Objections to any of the 
interrogatories or cross-interrogatories may be filed at any time before 
the depositions are taken, and such objections will be considered and 
determined upon the hearing of the case. 

As soon as the interrogatories are in proper form the Commis- 
sioner will forward them to a proper officer (usually a United States 
Consul) before whom the witnesses appear and make answer thereto 
under oath. The depositions are then certified by such officer who 
transmits the same under his official seal and signature to the Com- 
missioner. 

Unless false swearing in the giving of such testimony before the 
officer taking it shall be punishable as perjury under the laws of the 
foreign state where taken, it will not stand on the same footing in the 

18 



Patent Office as testimony duly taken in the United States ; but its 
weight in each case will be determined by the tribunal having jurisdic- 
tion of such case. 

Printing of Testimony: Thirty-one or more copies of the testi- 
mony including the preliminary statement must be furnished, to be 
printed pursuant to the rules of the Patent Office. The printing can- 
not be dispensed with except on motion duly made, and upon satis- 
factory proof that a party, by reason of his poverty, is unable to print 
his testimony. 

Briefs: Are also required to be printed, and six copies must be 
filed three days before the hearing. In case satisfactory reason there- 
for is shown, typewritten briefs may be submitted. 

Hearing: When the testimony has been duly taken and filed, a 
day is fixed by the examiner of interferences, to be set, advanced, and 
adjourned, so far as convenient and proper to suit the wishes of the 
parties, when oral arguments may be made. After the arguments 
haA'e been completed no further hearing will be accorded to either 
party unless at the request of the tribunal having jurisdiction of the 
case. 

Judgment of Priority: This judgment is made upon the testi- 
mony, or upon the written concession of the parties, or upon the writ- 
ten declaration of either of the parties that he has abandoned his 
application. In rendering a judgment upon the testimony the exam- 
iner follows the same rules which are recognized as binding in the 
United States Courts. 

Where the decision in favor of one applicant against another is 
not appealed from, or is sustained upon appeal, it is equivalent to the 
rejection of the defeated application only as to the issue involved in 
the interference or matters which might have been made issues, an'd 
a patent is awarded to the victorious applicant alone for the. matter 
in controversy. 

^^'here an applicant establishes priority against a patent, the re- 
sult is the issue of another patent to the applicant. 



REISSUES. 

Their Objects : A reissue is granted when the original patent is 
inoperative or invalid by reason of a defective or insufficient specifica- 
tion, or by reason of the patentee claiming more than he had a right 
to claim as new, provided the error has arisen through inadvertence, 
accident or mistake, and without any fraudulent or deceptive intention. 

\Mierever a mistake, incurred through the fault of the Patent 
Office, constitutes a sufficient legal ground for a reissue, such reissue 
will be made, without charge of fees, at the request of the patentee, 
for the correction of such mistake only. 

Time Limit for Reissue: Neither the Statutes nor the Rules of 
Practice prescribe a time limit within which an application for a re- 
issue must be filed, and until 1882 it was the common practice to 
watch the development of an art and by securing a reissue of a prior 
patent to cover up by these earlier patents inventions which were 
never even suspected to exist therein by the patentees. This practice 

19 



was brought to an end as a result of a United States Supreme Court 
decision (Miller v. Brass Co., 104 U. S. 350), which held that when a 
reissue is desired for the purpose of enlarging or broadening the 
claims, that the grant of such a reissue after an unreasonable delay 
was an abuse of the power to grant reissues, and by analogy to the 
time limit for the bar of public use or sale to be effective before the 
time of filing an original application, practically fixed the period of 
applying for a reissue at two years. Only very exceptional circum- 
stances will excuse a delay of more than two years in applying for 
a reissue with broadening of claims. If, however, it is desired to re- 
strict or narrow the clainiis after two or more years, the reissue is 
usually allowed even in the absence of any special circumstances to 
explain the delay. 

Term of Reissue: A reissue patent is granted for the unexpired 
term of the original patent and consequently expires on the same 
date upon which the original patent expires, namely seventeen years 
from the date of the original grant. 

Who May Obtain a Reissue : A reissue will be granted to the 
original patentee, his legal representatives or assigns, as the interest 
may appear. 

Reissue applications must be made and the specifications sworn 
to by the inventors if they be living, and in case there are assignees 
the application must be accompanied by their written assent. 

Documents Required : The petition, power of attorney, specifi- 
cations, and oath, must be signed by the inventor, if living, if not by 
his legal representatives or assigns as the interest may appear. 

J. Petition, with Power of Attorney if an attorney is appointed. 

2. Certified Copy of Abstract of Title giving the names of all 
assignees owning any undivided interest in the patent. 
J. Written Assent of Assignees, if any. 

4. Specification. 

5. Oath. 

6. Drawing, which must be on the same scale, or a larger scale 
than the original drawing, unless under authorization of the Commis- 
sioner. 

7. The Original Patent, or if the original patent is lost, an affidavit 
to that effect, and a certified copy of the patent. If a reissue is refused 
the original patent will be returned upon request. 

The oath must contain a statement as follows : 

(a) That applicant verily believes the original patent to be in- 
operative or invalid, and the reason why. 

(b) When it is claimed that such patent is inoperative or invalid 
*'by reason of a defective or insufficient specification," particularly 
specifying such defects or insufficiencies. 

(c) When it is claimed that such patent is inoperative or invalid 
''by reason of the patentee claiming as his own invention or discovery 
more than he had a right to claim as new," distinctly specifying the 
part or parts as alleged to have been improperly claimed as new. 

(d) Particularly specifying the errors which it is claimed consti- 
tute the inadvertence, accident, or mistake relied upon, and how they 
arose or occurred. 

20 



(e) That such errors arose "without any fraudulent or deceptive 
intention'' on the part of the applicant. 

(f) How such defects and insufficiencies will be cured by the 
reissue. 

Division of Reissue Applications: In the discretion of the Com- 
missioner, he may cause several patents to be issued for distinct and 
separate parts of the thing patented, each such division constituting 
the subject of a separate specification descriptive of the part or parts 
of the invention claimed in such division, and its drawing representing 
only such part or parts. New fees are required for each such divi- 
sional application. 

Unless otherwise ordered by the Commissioner, all the divisions 
of a reissue will issue simultaneously. 

New Matter: Will not be allowed to be introduced in the speci- 
fication or drawings. 

Examination — Procedure in Patent OfBce : The procedure is sub- 
stantially the same as in case of original applications (see pp. 8 to 14). 
Original claims if reproduced in the reissue application are subject to 
reexamination, revision and restriction. 

Matter Claimable in Reissue Only: Matter shown and described 
in an unexpired patent, which was not claimed therein by reason of 
a defect or insufficiency in the specification, cannot be subsequently 
claimed in a separate patent, but only in a reissue of the original 
patent. 

APPEALS. 

Right of Appeal: The right of appeal from a second or final re- 
jection is absolute, whatever be the cause of rejection. Appeals may 
be based either upon the requirements or decisions of an examiner as 
to matters of form, in which case they are taken to the Commissioner 
in person, or as to the merits or substance, in which case the appeal 
lies to the Board of Examiners-in-Chief. From the decisions of this 
board an appeal may be taken to the Commissioner of Patents, and 
from the latter's decision to the Court of Appeals of the District of 
Columbia. 

Appeals as to Matters of Form: Any proper question which has 
been twice acted upon by the examiner, and which does not involve 
the merits of the invention claimed, the rejection of a claim, or a re- 
quirement for division, may be appealed to the Commissioner by a 
petition clearly and concisely stating the facts involved and the point 
or points to be reviewed. 

An order will then be made directing the examiner to furnish a 
written statement of the grounds of his decision upon the matters 
averred within five days, and to furnish a copy thereof to the peti- 
tioner. 

Hearing will be granted in the discretion of the Commissioner, 
who will review and decide the questions involved. 

Appeals to Examiners-in-Chief: Appeals may be taken from the 
final decisions of a primary examiner upon grounds involving the 
merits of the invention, such as lack of invention, novelty, utility, 
abandonment, prior public use or sale, inoperativeness, aggregation, 

21 



incomplete combination, or, when claims have been amended, for 
want of identity with the invention originally disclosed, or from a 
final requirement for division. 

In reissue applications appeals may be taken upon any of the 
above grounds, or on the ground that the original patent is not in- 
operative or invalid, or if so that the errors which rendered it so did 
not arise from inadvertence, accident, or mistake. 

There must have been two rejections of the claims as originally 
filed, or if amended in matters of substance, of the amended claims; 
all the claims must have been passed upon; and, except in cases of 
division, all preliminary and intermediate questions, not connected 
with the merits, settled. The appeal must set forth in writing ths 
points of the decision upon which it is taken. 

Upon the filing of an appeal it is submitted to the primary 
examiner. If he decides that it is not regular in form or does not re- 
late to an appealable action an appeal may be taken from such decision 
to the Commissioner. If he finds it proper in form and substance he 
is required within ten days from the filing to furnish the examiners- 
in-chief with a written statement of the grounds of his decision on all 
the points involved, with copies of the rejected claims and the refer- 
ences applicable thereto, giving an explanation of the invention and of 
the references so far as pertinent to the appealed claims. A copy of 
this statement is furnished to the applicant. 

The appellant must on or before the day of hearing file a brief of 
the authorities and arguments upon which he relies, and if he desires 
an oral hearing, must so indicate when he files his appeal. A day of 
hearing will then be fixed and the applicant notified thereof. 

The Decision: This will affirm or reverse the decision of the 
primary examiner only on the points on which appeal has been taken, 
but should the examiners-in-chief discover any other ground for 
granting or refusing a patent they will annex a statement to that ef- 
fect to their decision with such recommendations as they deem proper. 

In case they recommend the refusal of a patent in the form 
claimed, their recommendation acts as a rejection and will reopen the 
case for amendment or showing of fact, or both, before the primary 
examiner, responsively to that rejection. The recommendation is 
binding upon the primary examiner, unless an amendment or showing 
of facts not previously of record be made, which, in the opinion of 
the primary examiner, overcomes the recommendation. 

The applicant may waive the right to prosecutionbefore the prim- 
ary examiner and have the case reconsidered by the examiners-in- 
chief upon the same record, and from their adverse decision upon re- 
consideration an appeal may be taken to the Commissioner, as in 
other cases. The applicant may also waive reconsideration by the ex- 
aminers-in-chief and appeal directly to the Commissioner. 

In case the examiners-in-chief recommend the granting of a pat- 
ent in an amended form, the applicant has the right to amend in con- 
formity with such recommendation, which is binding upon the primary 
examiner in the absence of new references or grounds for rejection. 

Appeals to Commissioner: From an adverse decision of the ex- 
aminers-in-chief appeal may be taken to the Commissioner in person, 
the practice being substantially the same as for appeals taken to the 
examiners-in-chief. 

22 



Appeals in Interference Cases : Parties have the same remedy by 
appeal to the examiners-in-chief and to the Commissioner as in other 
cases. The appeals must be accompanied by brief statements of the 
reasons therefor, and six copies of printed briefs of their arguments 
must be filed by the appellant ten days, and by the appellee three days, 
before the hearing. The appellant has the right to make the opening 
and closing arguments, unless otherwise ordered by the tribunal hav- 
ing jurisdiction of the case. 

Rehearings: Cases decided upon appeal will not be reopened ex- 
cept by authority of the Commissioner, and then only for consideration 
of matters not already adjudicated upon, sufficient cause being shown. 

Appeals to Court of Appeals of the District of Columbia: An 

appeal may be taken to the Court of Appeals of the District of Colum- 
bia from an adverse decision of the Commissioner upon the claims of 
an application, and in interference cases, in the manner prescribed by 
the rules of that Court. 

The applicant must give notice of such appeal to the Commis- 
sioner, and file in the Patent Office, within forty days, exclusive of 
Sundays and holidays, but including Saturday half holidays, from the 
date of the decision appealed from, his reason of appeal specifically set 
forth in writing. 

Upon the due filing of the appeal the case is placed upon the 
docket and is called for argument upon either the second Monday of 
January, March, May or November, the cases being called in regular 
order as they may stand ready upon the docket. 

The entire case, including the petition, transcript, etc., must be 
printed under the supervision of the Clerk of the Court, and when the 
printing is completed the case is put on the calendar for hearing at 
the next term at which patent appeals are heard. 

DISCLAIMERS. 

In General: A disclaimer is necessary whenever a patentee, 
through inadvertence, accident or mistake, has claimed more than 
that of which he was the original or first inventor or discoverer. The 
filing of a disclaimer for such part as is not of his invention is a simple, 
expeditious and inexpensive method of curing such a defect, which 
may otherwise invalidate the grant. A disclaimer is necessary, how- 
ever, only when the thing claimed is a material and substantial part 
of the art or machine invented. A disclaimer only affects the excess 
which it eliminates from the claim, neither affecting such other claims 
of the patent as by themselves are valid, nor the force of what is not 
disclaimed. 

Who May Make : A disclaimer may be filed by any party owning 
the entire patent, or the entire interest in any specified territory, the 
disclaimer only affecting the interest of the party filing same, and in 
the territory owned by him. The original patentee cannot disclaim 
after he has parted with his entire title to the patent, nor can an owner 
of an individual interest disclaim, and thus change the form of the 
patent, without the co-operation of the other owners of the same in- 
terest in the patent. 

How Made: A disclaimer must be in writing, signed l)y the party 
making it, attested by one or more witnesses, and recorded in the 
Patent Office. It must state the precise interest of the disclaimant in 

23 



the patent; clearly and exactly set out the excess to be disclaimed; 
and aver that such excess was included in the patent through inad- 
vertence, accident or mistake. 

Diligence Required: Disclaimers must be filed without unrea- 
sonable delay. What is unreasonable delay is a question to be settled 
by the Court in the course of litigation upon the patent. The proper 
course is to file a disclaimer at once, as soon as knowledge is brought 
home to an inventor that he is not the inventor of any material part of 
the subject-matter of his claims. 

Effect of Failure to Disclaim: Unless a disclaimer, if necessary, 
is filed before a suit for infringement is brought, no costs can be re- 
covered by the patentee. If a disclaimer is made after suit is brought, 
the plaintiff may still recover, but without costs. 

INFRINGEMENTS. 

In General: The infringement of a patent is the making, using, 
or selling of the invention during the life of the patent, without the 
authorization or consent of the owner. The patent must be valid, 
which of course means that it must be new and useful, must involve in- 
vention and must also comply with the other requirements of R. S. 4886 
and 4887 (see page 6, lines 10 to 20), otherwise there is no basis for a 
suit for infringement. The infringement may consist either in making, 
using or selling, or in all three. A party is no less an infringer because 
he had no intent to infringe, or because he did not know of the pat- 
ent, neither is it any less an infringement if a later patent has 
been granted to the infringer for his specific improvement. It is not 
necessary that every feature of the invention disclosed in the, patent 
be used to constitute infringement; it is sufficient if the subject mat- 
ter set forth in any one of the claims is readable directly upon the 
alleged infringing article or process. All of the elements set forth 
in the claim or their equivalent must be used to constitute an infringe- 
ment. To constitute infringement the principle of operation must be 
the same, and there must be substantial identity of means employed. 

Consideration of Claims in Infringements: Each claim of a pat- 
ent is separately considered in determining infringement, and while 
claimis which cover the invention in broad terms may be infringed by 
devices differing in many respects from that of the patent, a claim in- 
cluding a distinct limitation to a particular feature is not infringed 
unless that feature is used. 

A combination claim is not infringed unless every element, ma- 
terial or part, mentioned in the claim, or its equivalent, is used in the 
same relation ; every element claimed must be regarded as material, 
although it is not so in fact. 

A claim to an art or process is not infringed except by the use of 
all of the steps, or their equivalents, and in the order stated, and it is 
settled that the purchaser and user of an article made by the process 
is not an infringer. 

A claim to an article or substance composed of a particular in- 
gredient or combination of ingredients is infringed by an article hav- 
ing the same characteristics and composed of the same or equivalent 
ingredients. There is no infringement if an ingredient claimed is 
omitted, nor where there is an addition changing the character of the 
compound, but the addition of other ingredients to those claimed does 

24 



not avoid infringement if the essential character of the compound re- 
mains the same. 

Diversity of Use : The use of an invention for an analogous pur- 
pose is infringement, but use for a non-analogous purpose where in- 
vention is necessary to procure its adaptability is not. 

What are Equivalents: The substitution of equivalent elements 
for those described in a patent does not avoid infringement. Whether 
elements are similar or different is determined by what they do or how 
they act. Where there is identity of operation there is equivalency if 
the function and result are the same, even if the substituted element 
performs additional functions. Parts are not equivalent if they do not 
operate to perform the same function in substantially the same way 
to produce the same result. To constitute infringement by the substi- 
tution of equivalents, the equivalent must have been known as a 
proper substitute at the date of the patent. 

Transposing of Parts : Change in the location of elements will not 
avoid infringement if the operation is substantially the same, but a re- 
arrangement that produces different operations to obtain the same 
result is not an infringement. 

Omission of Parts : A claim is not infringed when an element in- 
cluded therein is omitted and no equivalent is used, but the omission 
of features not claimed, although shown or described, does not avoid 
infringement. 

Addition of Parts : The addition of one or more parts or features, 
even though securing additional functions, will not avoid infringement, 
although where the combination claimed is changed or destroyed by 
an addition making a new combination there is no infringement. 

Improvements: Changes in construction involving improve- 
ments in existing patented inventions may be patented by a subse- 
quent inventor, but the fact that he has obtained such a patent is no 
defense against the charge of infringement of the original patent. 
Nor can the original patentee lawfully use the patented improvement 
without the owner's authority so to do. 

The foregoing principle of the patent law is one about which, per- 
haps, there is a more general misconception than of any other. If one 
will remember, however, that the right secured to the inventor by the 
grant of the patent is really the right to exclude others from the un- 
authorized appropriation of his invention and not the absolute right 
to make, use, or sell, one should have no difficulty in reconciling this 
principle with the natural justice in any case. 

Contributory Infringement: The intentional aiding of one person 
by another to unlawfully make, use or sell a patented invention consti- 
tutes contributory infringement. Furnishing plans of an infringing 
device and sharing in the profits is contributory infringement, and so 
is selling parts adapted and intended for use in making the patented 
article in violation of the patent, and the sale of an article with intent 
to induce a licensee under the patent to violate the terms of his license 
agreement. 

W here the thing alleged to have been contributed is one of gen- 
eral use. suita1)le for other methods of use. and especially where it can 
be shown that there was no agreement or intent that the thing sold 
should be used with otlier things so as to infringe a patent right, con- 
tributor}' infringement is not present. 

25 



INFRINGEMENT SUITS. 

Suit may be maintained at law or in equity to enforce the rights 
arising from valid granted patents, or from contracts relating to them. 

Who May Bring Suit? The patentee, his assignee, his grantee, or 
his personal representatives only^ are able to maintain an action for 
infringement in a court of law. The plaintiff must be the person or 
persons in whom the legal title to the patent vested at the time of the 
infringement, except where the right of action was assigned with the 
title to the patent, when the present owner may bring suit for an in- 
fringement committed during the ownership of his assignor, as well as 
for infringements during his own ownership. 

Neither licensees, nor those who have acquired an equitable title 
to the patent by contract, can maintain such a suit in their own names. 
The patentee may sue on behalf of the licensee or the licensee can 
sue in the name of his licensor, but in the latter case only for such in- 
fringements as affect his own rights under the patent. An exclusive 
licensee and the patentee should join as complainants in certain cases. 

Equitable owners of patents or of interests therein can only obtain 
relief in a court of equity. 

In case of a joint patent, and in all cases of joint ownership, all 
the patentees or joint owners must be made parties. 

Who May Be Sued : All persons, whether natural or artificial, 
who voluntarily engage in the unauthorized manufacture, use or sale 
of a patented invention, whether by itself, or as part of some more 
comprehensive instrument or art. 

Even the government cannot ordinarily employ an invention, or 
grant to others the right to practice it, without the permission of the 
patentee. A municipal corporation or other public body is responsible 
for the acts of infringement performed by its officers and agents for 
its benefit. A private corporation is responsible for any act of its 
agents or employees, authorized or ratified by it, which wrongfully 
appropriates a patented invention. Servants or agents who make use 
of or sell for another an infringing article are also liable. 

A joint-owner of a patent may be an infringer if he employs an in- 
fringing device. An assignor or grantor who has parted with all his 
right to use an invention within a specified territory, becomes an in- 
fringer if he employs the invention within that territory, as does a 
grantee or licensee who practices the invention outside of the territory 
owned by him, and, as does either of the above parties who makes, 
uses or sells an infringing device. 

Jurisdiction: The United States Courts have original and exclu- 
sive jurisdiction in all cases touching the validity, title, and infringe- 
ment of patents, without regard to the citizenship of the parties. 

The State Courts have jurisdiction, the citizenship of the parties 
being the same, in all actions based on contracts between the parties, 
whether to compel their performance, to rescind them, or to award 
damages for their violation. Actions for breach of warranty, for fraud, 
for royalties or purchase money, and for the non-fulfillment of other 
collateral contracts are also within their jurisdiction. 

The United States Courts have jurisdiction in the actions named 
in the last preceding paragraph where the citizenship of the parties is 
different, and where the matter in controversy involves the sum or 
value of over $3,000, exclusive of interest and costs. 

26 



Place to Sue: Suit for infringement must be brought in the 
district of which the defendant is an inhabitant, or in the district in 
which the defendant, whether a person, partnership, or corporation, 
shall have committed acts of infringement, and has a regular and 
established place of business. 

Court Procedure: The practice as to pleadings, trials, judgments 
and appeals is in conformity with the usual rules of practice in the 
State and Federal Courts respectively. 

INJUNCTIONS: Injunctions may be either preliminary, to com- 
pel a defendant to desist from his alleged infringing acts while the 
necessary investigations are being carried on in the courts, or per- 
petual, permanently prohibiting the defendant from the performance 
of acts which have been proven and adjudged to be in violation of the 
patent. 

Preliminary Injunctions: The issue or refusal of a preliminary 
injunction is wholly within the discretion of the court. The court 
will not attempt to decide doubtful questions, and in case of doubt 
will not grant an injunction, especially where the defendant is finan- 
cially responsible. 

In order to secure a preliminary injunction the validity of the pat- 
ent must be made to clearly appear, and the fact of infringement be 
shown beyond doubt. Such injunctions are granted to prevent irre- 
parable injury, and the right to and necessity for the injunction must 
be shown. 

It is ground to deny a preliminary injunction that the granting 
thereof Avould injure the public and defendant gives security for pos- 
sible damages and costs ; that there has been laches on the part of the 
plaintiff ; that the defendant has a later patent under which he has 
been working ; that the patent is about to expire ; or where the grant- 
ing would work great injury to defendant and its refusal would injure 
the plaintiff in a much less degree, but it will not be refused for hard- 
ship on defendant where the infringement is wilful. 

Where the validity of the patent has not been adjudicated by the 
courts nor acquiesced in by the public, an injunction will usually be 
refused, but this rule does not apply when the invention is both new 
and useful and there is no evidence attacking the validity of the 
patent. 

A prior adjudication sustaining the patent is not an absolutely 
necessary pre-requisite, but an injunction will be refused where a prior 
adjudication was against the patent. Where the patent has been 
sustained either at law or in equity an injunction will ordinarily be 
granted where the infringement is clear, unless new evidence is pre- 
sented such as would have changed the former decision. Prior ad- 
judication, however, will not be followed when the points involved 
were not fairly in issue and decided, or where there was collusion, and 
an adjudication without contest is not sufficient upon which to base a 
preliminary injunction. 

Terms and Conditions: The terms and conditions of an injunc- 
tion depend upon the special circumstances of each case and rest in the 
sound discretion of the court. In some cases, where the showing 
is such that an injunction would be justified, the court, instead of 
granting an injunction may require the defendant to give a bond to 

27 



secure any decree for damages or profits which may finally be awarded. 
The complainant, too, may be required to give a bond, where an in- 
junction is granted, to indemnify the defendant for damages in case of 
an adverse decision in the action. 

Modifying or Dissolving Injunction: Injunctions may be modi- 
fied or dissolved by the court on motion, this matter resting in the 
sound discretion of the court according to the circumstances of the 
case. 

PERMANENT INJUNCTIONS: The right to a permanent in- 
junction usually exists whenever judgment is given in favor of the 
complainant, but there may be special circumstances which may pre- 
vent its issue, as, for example, where it is not necessary and its allow- 
ance would be injurious to the public. 

The command of the court must be explicitly obeyed without 
evasion or subterfuge, and a violation of such injunction is punishable 
by the court in contempt proceedings. As contempt in the violation 
of injunctions in a patent case is a criminal ofTense, the fine imposed 
by the court should bear a just proportion to the magnitude of the 
offense. 

DAMAGES IN ACTIONS OF LAW: Damages are to be mea- 
sured by the actual loss to the plaintiff ; which must be shown. He is 
entitled to the actual damages sustained by him because of and during 
the time of the infringement for which the suit was brought. Profits 
which the plaintiff might have made. but for the infringement are re- 
coverable. Nominal damages only can be recovered where the amount 
of actual loss is not known; where plaintiff did not mark his articles 
''patented," and the defendant did not have actual notice of the pat- 
ent; where there was making of the invention without use. Injury 
to business by unfair competition is not included in the damages. 

Interest on the amount due plaintiff may be, but counsel fees and 
the expense of the litigation cannot be included in the damages. 

While the verdict must be for the actual damages, the court may 
in its discretion enter judgment for any sum above the verdict not 
exceeding three times the amount thereof, but without bad faith on 
the part of the defendant, or special circumstances, damages will not 
usually be so increased. 

PROFITS IN SUITS IN EQUITY : In equity actions the com- 
plainant may recover the amount of the gains and profits that the 
defendant has made from the wrongful use of the patented invention, 
and in addition the damages sustained by him. Such profits must be 
actual and direct, and the burden is on the complainant to show them ; 
if he fails to show the amount of profits due to his invention, nominal 
damages only will be allowed ; in case of wilful infringement all 
doubts as to amount of profits are resolved against the infringer. 

Where the patent covers only a part of the machine entire profits 
on the machine are not recoverable, but only such -as are due to the 
patented improvement, in which case the profits must be separated, 
apportioned, and proven by the complainant. Where sales of articles 
are due solely to the patented improvement the entire profits may be 
recovered, and where it is shown that profits are due to the patented 
invention the burden is on the defendant to show that part is due to 
other things. 

28 



In determining profits all legitimate expenses of manufacture and 
sale, including wages, rent, advertising, commissions, etc., are to be 
deducted from the selling price, but not taxes, insurance, interest upon 
capital invested, manufacturer's profits, compensation for personal 
services, or losses which do not occur concurrently with the making 
of profits and do not result directly from the particular transactions on 
which the profits are allowed. 

Damages are determined as in actions at law, and it has been held 
that the court may allow increased or exemplary damages in aggra- 
vated cases. 

VALIDITY AND INFRINGEMENT SEARCHES. 

Before a manufacturer invests any considerable sum of money 
either for the purchase of a patent or in dies, machinery or material 
to be used in the manufacture of any product -upon which a patent 
has been applied for or obtained, he should bear in mind that the 
ownership of a patent does not secure the owner thereof from being 
subjected to a suit for infringement upon a prior patent containing 
claims broad enough to dominate the structure of the later patent. 

Again, it must be remembered that the grant of a patent is 
merely prima facie evidence of the novelty and invention of the sub- 
ject matter disclosed ar^d that the validity of the patent is always 
subject to attack which course is usually always adopted by the 
defense in a suit for infringement. Therefore, it is always an ad- 
visable precautionary measure to have an infringement and validity 
search instituted before purchasing any patents or before investing 
capital in extensive manufacturing, also whenever an infringement 
suit is about to be instituted or is threatened. 

These searches comprise as extensive and exhaustive an examina- 
tion as possible of the art to which the invention in question relates, 
to ascertain as nearly as can be done whether the invention was new^ 
at the date of the application for patent therefor; whether the claims 
properly cover the invention ; and what are the probabilities of in- 
fringing a prior patent or patents if the patented article is made, used 
or sold. 

Such searches to be of value must be made by careful experienced 
persons, and should comprise the examination of both United States 
and foreign patents, and, in addition, publications, technical and other- 
wise, likely to contain anticipating descriptions of the subject matter 
of the patent. 

The cost of such searches cannot be named in advance. It is usual 
to charge for them upon a per diem basis for the time actually re- 
quired to complete the search. 

PATENTED ARTICLES MUST BE MARKED 

AS SUCH. 

After Issue of Patent: It is the duty of all patentees, their assigns 
and legal representatives, to give sufficient notice to the public that an 
article is patented, either by marking the article itself with the words 
"patented" and the day and year the patent was granted (issued) ; or 
when, from the character of the article, this cannot be done, by fixing 
to it, or to the package wherein one or more of them is enclosed, a 
label containing a similar notice. 

29 



No damages can be recovered in a suit for infringement by a 
party failing to so mark, except on proof that the defendant was duly 
notified of the infringement, and continued, after such notice, to make, 
use, or vend the patented article. 

The duty of marking patented articles devolves upon the manu- 
facturer. While the failure to mark prevents recovery of damages as 
above noted, it is no bar to an injunction either preliminary or per- 
petual. 

Marking Before Issue of Patent: There is no legal requirement 
as to this, but it is usual, after a patent is applied for, to mark articles 
"patent applied for," or "patent pending," with the object of warning 
third parties that a patent is being obtained and may be issued at any 
time. Such notice is quite effectual. Knowing that a patent is likely 
to issue, the more reputable manufacturer will not encroach upon the 
applicant's probable rights, while more unscrupulous persons will 
hesitate before investing capital and time in establishing the manu- 
facture and sale of an article which may be stopped at any time upon 
the issue of the patent. 

PENALTY FOR FALSE MARKING. 

Every person who, in any manner, either — 

1. Marks upon anything made, used, or sold by him for which he 
has not obtained a patent, the name or any imitation of the name of 
any person who has obtained a patent therefor, without the consent 
of such patentee, or his assigns or legal representatives ; or, 

2. Marks upon or affixes to any such patented article the word 
patent," or "patentee," or the words "letters patent," or any word of 
like import, with intent to imitate or counterfeit the mark or device 
of the patentee, without having the license or consent of such patentee 
or his assigns or legal representatives ; or, 

3. Marks upon or affixes to any unpatented article the word 
"patent" or any word importing that the same is patented, for the 
purpose of deceiving the public ; 

Is liable for every such offense to a penalty of not less than one 
hundred dollars, with costs. The fine may be recovered by any person 
in a qui tam action, brought in the district in which the marking was 
done, in the name of the informer. One-half of the fine recovered goes 
to the use of the person who sues for the same, the other one-half 
going to the use of the United States. 

INTERFERING PATENTS. 

Whenever there are interfering patents, any person interested in 
any one of them, or in the working of the invention claimed under 
either of them, may have relief against the interfering patentee, and 
all parties interested under him, by suit in equity against the owners 
of the interfering patent ; and the court, on notice to adverse parties, 
and other proceedings had according to the course of equity, may ad- 
judge and declare either of the patents void in whole or in part, or 
inoperative or invalid in any particular part of the United States, ac- 
cording to the interest of the parties in the patent or the invention 
patented. But no such judgment or adjudication will affect the right 
of any person except the parties to the suit and those deriving title 
under them subsequent to the rendition of such judgment. 

30 



Such an action must be brought in the district in which the de- 
fendant resides or is found. The question of priority of invention is 
the only point in controversy, and judgment is awarded to the party 
who establishes the fact that he is the first inventor, or the party who 
derives his title from the first inventor. Two patents interfere within 
the meaning of this portion of the law when they claim the same in- 
vention in Avhole or in part. 

ASSIGNMENTS, GRANTS, LICENSES. 

Defined: Any instrument in writing amounting to any assign- 
ment, grant, mortgage, lien, encumbrance, license, or which afifects the 
title of the patent or invention to which it relates, will be received for 
record in the Patent Ofiice. Such instrument should identify the pat- 
ent by number and date ; or, if the invention is unpatented, by the 
name of the inventor and the serial number and filing date of the 
application, or its date of execution. 

The assignment or license may be for either the right to make, to 
use, or to sell, or for the right to do any or all of these acts, and may 
be for the whole or any part of the United States. Each claim is sep- 
arately transferable. 

Undivided Interests: Undivided interests may also be assigned. 
An assignment of an undivided part of a patent, however small the 
undivided interest conveyed, makes the assignee and the patentee joint 
owners, and the holder of an undivided interest in a patent may make, 
use and sell, and license others to do so, without regard to its effect 
on his co-owners, unless there is an agreement between them as to 
profits. Joint interests in a patent do not make the owners partners, 
and one joint-owner cannot compel another to account for a share of 
his profits in the absence of a partnership or profit-sharing agreement 
between them. It should be observed that neither a joint-owner nor 
his alienees can lawfully practice an infringing invention. 

Assignment of an Undivided Interest Does Not Insure a Division 
of Profits : A very common and prevalent misunderstanding of the 
effect of an assignment of an undivided part interest of a patent exists, 
the parties to the assignment usually believing that the assignment 
makes them partners to the extend indicated in the assignment with 
the consequent sharing, of profits, etc. A careful reflection on the 
statement of the law as given in the preceding paragraph will show 
that an assignment of a part interest does not insure a division of 
profits. If it is the desire of the parties to insure that there will be 
a division of the profits, which is usually the dominant thought, at the 
time the assignment is drawn up and executed, a separate contract 
should be drawn up in addition to the assignment covering fully the 
terms of the desired contractual relation. 

Deceased Inventors — Infants: Executors and administrators of 
the estate of a deceased inventor hold a patent in trust ; they can 
assign a patent and give a good title thereto. An infant must assign 
by guardian, who is governed by local law. 

Parol Agreements: A parol agreement to assign, and to allow 
the assignee to take out the patent in his own name (upon application 
papers to be signed by the inventor) is valid, and a verbal agreement 

31 



vests in the assignee an equitable right to grant licenses, and notes 
given for such licenses are upon sufficient consideration. The legal 
title to a patent, however, can be transferred only by a written instru- 
ment signed by the owner of the patent. 

Assignments Before Issue of Patent: The right to an invention 
dates from its discovery, and it, or any rights thereunder, may be 
assigned at any time thereafter. A patent cannot issue to the assig- 
nee, however, unless an assignment, containing a request therefor, be 
duly recorded, and it should be presented for record at a date not later 
than the day upon which the final fee is paid. 

Importance of Recording: An unrecorded assignment, grant, or 
conveyance is valid between the parties thereto, and is good, except 
against creditors and subsequent bona fide purchasers without notice, 
and an assignment, though unrecorded, is good against all who have 
actual notice, but in order that the record may be constructive notice 
to intending purchasers, the assignment, grant or conveyance must 
be recorded in the Patent Office within three months of the date of its 
execution. It should be observed, however, that the record, although 
made after three months have elapsed, affords constructive notice to 
all persons acquiring interests in the invention subsequently to the 
date of record. 

OWNERSHIP. 
SHOP RIGHTS — EMPLOYER AND EMPLOYEE. 

In the various relationships between employer and employee, 
partnerships, and in many other cases where two or more parties are 
mutually interested in the development of an invention the question 
naturally arises, of by whom the inventive act has been produced, or 
in other words who was the actual originator of the invention, with 
the ancillary question of who is entitled to the ownership of the patent. 

Numerous cases treating with these questions have been adjudi- 
cated by the courts and from these decisions the following general 
statements of the law are evolved. 

It is hoped that a careful perusal of these statements may be of 
value to the reader whether manufacturer or inventor, employer or 
employee, and Avill show the necessity for the consideration and prep- 
aration of definite agreements as to the rights and duties of the parties 
with respect to inventions and patents therefor. 

Originality — Employer and Employee : In questions as to the 
orig'inality of invention the courts lean strongly to the side of the em- 
ployer, the general rule being that where a party employs another 
party to reduce to practice the employer's conception or preconceived 
plan, the inventorship resides solely in the emplo3'er even to the em- 
ployer's preconceived plan or design in the course of the construction 
or development of the invention. 

As to these specific improvements introduced or suggested by the 
employee, these are also held to inure to and become the invention 
and property of the employer unless they amount to a complete new 
method or arrangement which would amount in itself to a complete 
invention. 

The employer must do more than merely suggest a desired result, 
he must suggest an idea of means in detail so that the employee can 

32 



embody it in operative form. The burden of proof where the em- 
ployee has filed the application for the invention is upon the employer 
to show that he imparted the general disclosure to the employee. 

Joint Inventorship: Where the question of joint inventorship 
arises it is not necessary that the new ideas must be evolved or con- 
ceived by the parties simultaneously. As pointed out above an em- 
ployee can not properly be regarded as a joint inventor with his 
employer when the improvements introduced by the employee are 
ancillary to the preconceived plan of the employer and are merely the 
result of mechanical skill. One who conceives an invention can be 
the sole patentee even though he lacks the necessary mechanical skill 
to reduce it to practice. 

Partnership: Where the parties have entered into a partner- 
ship, one advancing the money and managing the business, the fact 
that the party who advanced the money may make suggestions, such 
as the substitution of materials, does not make the parties joint in- 
ventors. 

Conception Derived from Another: One who derives the com- 
plete conception of an invention from another can never obtain a valid 
patent therefor. A patent for an invention which consists of an im- 
provement upon an invention derived from another will be invalid if 
so claimed that the original invention and improvement are insepara- 
ble. If, however, the claims are separable so as to distinguish between 
the improvement and the original invention, the claims to the improve- 
ment will be valid. 

Ownership: This question is determined by contract. Original- 
ity, when decided, does not necessarily include or settle the question 
of ownership. If there is a written contract as to the ownership no 
difficulty is usually encountered. While the courts lean to the side of 
the employer on the question of originality they lean to the side of 
the employee on the question of ownership. It must therefore be 
clearly proven that a definite express agreement to assign, or that in 
view of the relationship of the parties an implied contract exists, in 
order that the ownership of the patent will be decreed to the employer. 

Shop Rights: The question of owmership is closely related to that 
of shop rights. The doctrine of shop rights, briefly stated, being that 
where a person is employed by another and uses the employer's time 
and material to perfect, develop and reduce an invention to practice 
and permits the employer to use the invention, an implied license to 
use the invention will result to the employer, irrespective of the ter- 
mination of the relationship between the parties. The implied license 
and shop rights in case of machines extend only to the specific ma- 
chines built and used. Where, however, it is a simple device and the 
employer makes the invention for sale and sells with the inventor's 
knowledge and consent a license to make and sell is implied and the 
inventor is usually held to be estopped from later preventing such sale. 

Shop rights or implied licenses are personal and can not be 
assigned, but they are transmissible by succession. 

It will be noted that the shop right or implied license does not 
give the holder thereof the right to prosecute others for infringement, 
consequently while the employer may have the right to use the in- 
vention he has no control over the invention such as would be of any 
value to prevent a flood of competition should the inventor wish to 
sell or license the invention to others. 

33 



DESIGN PATENTS. 

While many manufacturers frequently fail to appreciate the im- 
portance of protecting their products by availing themselves of the 
benefits of the laws providing for the granting of mechanical patents 
and for the registration of trade-marks, by far the greater number fail 
to take advantage of the equally important and beneficient provisions 
which provide for the granting of design patents. 

The statutory law authorizing the grant of patents for a new, 
original and ornamental design is found in Sec. 4929 of the Revised 
Statutes which reads as follows : 

*'A design patent may be obtained by any person who 
has invented any new, original, and ornamental design for an 
article of manufacture, not known or used by others in this 
country before his invention thereof, and not patented or de- 
scribed in an}^ printed publication in this or any foreign coun- 
try before his invention thereof, or more than two years prior 
to his application, and not caused to be patented by him in a 
foreign countr}^ on an application filed by him more than four 
months before his application in this country, and not in 
public use or on sale in this country for more than two years 
prior to his application, unless the same is proven to have 
been abandoned." 

It will be noted upon a careful reading of this section of the 
statute that a design patent is only granted for an ''article of manu- 
facture." This expression ''article of manufacture" will upon reflec- 
tion be found to include a vast number and variety of articles. 

The Design Must Be "New" and "Ornamental" : Again because 
of the use of the word "invented" the design must involve invention. 
The term "ornamental" has been given quite a broad significance, any- 
thing that would appeal to the artistic or esthetic taste being held 
ornamental. An article may have beauty such as would appeal to the 
esthetic tastes because of simplicity and symmetry of its outlines. 
Consequently we find great numbers of design patents being granted 
for such articles as wrenches and frequently for machines, which at 
first thought would not impress one with embodying anything of an 
artistic or esthetic appeal. It was at one time held by the Patent 
Office that a machine w^as not an article of manufacture within the 
meaning of the statute. The office seems to have receded somewhat 
from this holding in recent years as evidenced by the number of 
design" patents for various types of machines published in the recent 
numbers of the Official Gazette of the U. S. Patent Office. 

A design patent will be granted for a surface ornamentation on 
all sorts of articles such as wall paper, silk or cotton textiles, embroid- 
eries, etc. Also a ludicrous or grotesque figure or article may be the 
subject of a design patent if it involves "artistic" merit. 

Very often an article is produced which because of its artistic 
merit finds a ready sale, or perhaps an extensive advertising campaign 
is conducted which results in a great volume of sales. It may hap- 
pen that because of the great activity in the particular field, with the 
resultant number of existing patents, a mechanical patent can not be 
obtained. The imitator, finding that there is no patent protection on 
the article, proceeds to copy it and by putting out a similar and some- 

34 



times greatly inferior article proceeds to make heavy inroads on the 
sales of the originator. AA'hile the original manufacturer may have 
obtained a certain measure of protection by adopting and registering 
a trade-mark for his article if the imitator refrains from adopting or 
simulating the trade-mark, the originator is without any means of pro- 
tecting the market which he has developed, often by the expenditure 
of a great amount of energy and capital, unless he has taken the pre- 
caution of protecting the article by a design patent. The value of the 
protection afforded by a design patent is being appreciated today by 
an increasing number of manufacturers of textile goods as shown by 
the design patents appearing weekly in the Official Gazette for silk 
and cotton goods, rugs, carpets, laces, embroideries, as well as manu- 
factures of tools, machines, toys, dolls, jewelry, articles of furniture 
and practically every type of a manufactured article that can be 
imagined. 

As the cost of such patents are comparatively small, due consid- 
eration should be given by manufacturers as to the advisability of pro- 
tecting their products by design patents, particularly in cases where it 
is impossible to secure mechanical patents to fully protect their 
products. 

Preliminary Examinations as to Novelty: These may be made, 
the cost being the same as for other patents. 

Application for Patent: The requirements and procedure are 
substantially the same as in applications for other patents. 

Term of Patent: Design patents are granted for either three and 
one-half, seven or fourteen years as elected by the applicant, the term 
commencing to run from the date of issue. Where the applicant has 
requested that the patent issue for one of the shorter terms, he may, 
at any time before the allowance of the application, upon the pay- 
ment of the appropriate additional fee, obtain the issue for a longer 
term. 

After allowance the term of the design patent can not be changed 
to the longer term. 

Assignments — Grants — Licenses : See remarks under this head- 
ing on page 31. 

TRADE-MARKS. 

As with patents and designs the average manufacturer's ideas 
with respect to trade-marks are usually quite vague and hazy. The 
importance of adopting a Trade-Mark and the proper protection of a 
mark by registration in the Patent Office can not be overestimated, 
and this subject should therefore be given the most careful thought 
and consideration by the progressive manufacturer or merchant. In 
an attempt to impart a better understanding of this subject, we have 
prepared for gratuitous distribution a booklet treating the subject of 
Trade-Marks in a somewhat similar manner to the discussion con- 
tained herein of the Patent Law which we will be glad to mail upon 
request. 



35 



As probably the question most frequently propounded by clients is 
"What will it cost me to obtain a patent?" we have appended a list show- 
ing our charges for various services. These charges are neither the high- 
est nor the lowest that are quoted by the members of the patent law 
profession but are as reasonable as consistent with the services and per- 
sonal attention of highly trained technical or legal specialists. 

SCHEDULE OF CHARGES. 

Terms : All charges are payable in advance, cash with order, 
unless otherwise specified or agreed upon. 



Preliminary Examinations (searches of pertinent prior U. S. 
patents) .from $15.00 up 

Validity Searches: (see page 29). 



Applications for Patents. 

A fixed rate of cost cannot be given, as all charges must be based 
upon the amount and character of the work involved. Difiicult and 
complicated cases are necessarily subject to special rates of charge. 

The following charges are for ordinary cases only, which require 
but one sheet of drawings and usual specifications and claims. Addi- 
tional sheets of simple drawings, when required, will be charged for 
at $10 per sheet. 

The charges include the complete preparation and filing of the 
drawings, specifications and other necessary papers and the payment 
of the governmental filing fee in connection therewith. 

The charges do not include the cost of preparing and filing neces- 
sary amendments during the prosecution of the case ; cost of references 
cited by the examiner ; changes in or additions to drawings ; appeals ; 
interferences ; or the payment of the final fee of $20 to the government. 
All charges will be fair and reasonable for the services rendered, and 
can be subject to agreement in advance of the work being done if 
desired. 

Patents. Ordinary cases, one sheet of drawings from $85.00 

Reissue of Patent. Ordinary cases, one sheet of drawings " 100.00 

Design Patent. For 3}^ years " 45.00 

Design Patent. For 7 years " 50.00 

Design Patent. For 14 3^ears '' 65.00 

Amendments, necessary amendments, according to work in- 
volved from $7.50 up 

One-half of the charge for applications may be paid when giving 
the order for the work, the balance being payable upon the return of 
the signed papers for filing in the Patent Office. Other fees are paya- 
ble when the work is ordered. 

Appeals to Examiners in Chief from $60.00 

Appeals from Examiners in Chief to the Commissioner. . .from 90.00 

Appeals (pro forma) Petitions to Commissioner from 35.00 

Appeals from Commissioner to Court of Appeals of the District of 
Columbia (Subject to special agreement.) 

I As these involve more or less protracted proceedings 
respectively, before the Examiner of Interferences or 
in Court, charges cannot be named in advance, but 
will be subject to agreement in each case. 

36 



Litigation — Xo set charge can be named in advance to cover all 
cases. The charges in each particular case must be governed by 
the nature of the proceedings. 
Assignments, Licenses, etc. 

Preparing and recording, if 300 words or less $10.00 

Preparing and recording, if over 300 and under 1,000 words. 15.00 

Preparing and recording, if 1,000 words or over 20.00 

Disclaimers, preparing and filing ftom $25.00 

Copies of Patents, if in print, each .20 

Photoprints of foreign patents, per sheet '. . '. .50 

Photoprints of publications, per sheet .50 

FOREIGN PATENTS. 

FOREIGN DEPARTMENT. 

Our foreign department is under the personal direction of Mr. 
Oscar A. Geier, j\I. E. and E. E. Mr. Geier was formerly connected 
with one of the largest European firms of patent attorneys and trav- 
eled extensively abroad for many years where he established many 
patent law offices and branches. Consequently Mr. Geier has a direct 
knowledge of the laws of various foreign countries. Knowing person- 
ally most of the foreign agents, we have succeeded by a process of 
elimination and selection in establishing connections Avith, and secur- 
ing the services of, the most competent and reliable foreign associates 
and can assure our clients that all foreign applications intrusted to us 
will be handled only by first class attorneys abroad, who keep us thor 
oughh' advised as to the progress of cases, which information in turn 
is promptly submitted by us to our clients. All cases are forwarded 
abroad from our office directly to our agent in each country and our 
clients are enabled through this office to be practically in direct con- 
nection with the foreign attorneys. 

The Importance of Foreign Patent Protection^ 

As the gradual readjustment and stabilization of the world's 
economic and politic conditions bids fair to bring about a revival of 
foreign business and a great demand for American goods and manu- 
factures, American manufacturers should therefore prepare to enter 
the foreign markets but before doing so should give the most careful 
thought and consideration to the question of foreign patent protection. 

That such protection is desirable and necessary is evidenced by 
the fact that without it the trader in foreign countries cannot prevent 
the flooding of his market with similar goods, or perhaps cheap imita- 
tions thereof, at prices which may be below his own cost of production 
and delivery, so that his market may be spoiled if he does not pro- 
tect it. 

Again, due to the peculiarity of the laws of- many for,eign coun- 
tries, an American manufacturer may be excluded from a foreign mar- 
ket because of the piracy of his inventions or trade-marks by an 
unscrupulous foreign competitor securing patents on the American 
invention or registering the American's trade-mark. 

A still further reason for the procurement of foreign patents exists 
in the fact that inventions which have proven of value in the United 
States may also have value in some or all of the foreign countries. The 
owner may have facilities for manufacturing, or otherwise making use 
of them, in such countries, himself, or he may intend to sell his rights 
to others, or find manufacturers there who will use the invention 
under a license granted by the owner for this purpose. 

37 



Applications for foreign patents, if they are to be made at all, 
should, unless they are filed under the provisions of the International 
Convention, be made before any publication or public use of the inven- 
tion, for two reasons : 

First. Because of the legal requirements as to novelty in foreign 
countries. If the applications are not filed in due time, valid patents 
cannot be obtained ; 

Second. Because it is possible for unauthorized persons, who have 
acquired knowledge of an invention, to apply for and obtain patents 
therefor in their own names, and while in some cases the patents so 
issued can be attacked, it can only be done at considerable expense and 
with much trouble. 

A concise statement of the law and practice in the various foreign 
countries is therefore desirable, so that intending applicants for pat- 
ents may, without waste of time, acquaint themselves with the prin- 
cipal legal requirements in such cases, and know the conditions under 
which they may obtain such protection, and maintain it in force. 

Comparison of Practice. 

It should be noted at the outset that a marked difference exists 
between the practice in the United States and that in foreign coun- 
tries, and in the following points in particular : 

1. As to the novelty that must exist at the moment of the filing of 
the application for patent. We have treated this subject under the 
headings "Novelty Required" (see page 40), ''International Conven- 
tion" (see page 41), and "When Application May Be Filed" (see page 
40). 

2. Most of the principal foreign countries require, as a condition 
for the continuance of the life of a patent, the payment of annual or 
other fees or taxes. We state the cost of paying such annuities or 
taxes under the heading "Taxes" (see pages 52 to 55). 

3. Mdiny countries also require that the patent be "worked," that 
is to say, the invention must be manufactured or carried into practice 
in the country within a fixed period of time, and usually such working 
must not be suspended at any one time longer than another fixed 
period of time. We state such requirements under the heading 
"Workings." (See pages 54, 55.) 

4. In most of the foreign countries which examine applications 
as to the novelty of the invention, claims as usually drawn for United 
States applications are not acceptable, and numerous claims differing 
only as to minor details are objectionable. The German form of claim 
is generally preferred. The last named type of claim may and prefer- 
ably should be functional in character. The aim should be to present 
"a new technical effect," rather than a new combination of elements. 
The first claim should be made as broad as possible ; this may be fol- 
lowed by a limited number of subsidiary claims to cover additional 
elements, or modifications. 

The redrafting of the claims to accord with the practice of the 
country in which they are filed is most important, although often lost 
sight of, and this should be done by a competent attorney in each 
country, who must be familiar with the law and practice there. We 
invariably require our foreign correspondents to do this, furnishing 
them with a statement showing the features of the invention for 
which protection is chiefly desired. 

38 



Who May Apply for Patent. 

1. Inventors. — Whether sole or joint, in all countries. 

2. Inventors and Assignee Jointly. — In Australian Commonwealth, 
British Central Africa, Canada, Ceylon, Great Britain, Grenada, Malta, 
Rhodesia, St. Lucia, St. Vincent, South Africa (Union). 

?. An Assignee (an individual, hut not a firm, or corporation) , may 

apply in : — Bahamas, Bermuda, Trinidad and Tobago, Sofuth Africa 

(Union). 

' • . . 

4. An Assignee, zvhether an individual, firm, or corporation, may ap- 
ply in : — Australian Commonwealth, Austria, Barbados, Belgium, Belgian 
Congo, BoHvia, British North Borneo, British Guiana, British Honduras, 
China, Costa Rica, Cuba, Cyprus, Ecuador, Egypt, Falkland Islands (if 
owner of British patent), France, Germany, Honduras (if owner of 
foreign patent), Hungary, Jugoslavia, Italy, Liberia, Luxembourg, New 
Zealand, Nyasaland, Panama (if owner of foreign patent), Paraguay, 
Poland. Portugal, Portuguese Colonies (if owner of Portuguese patent), 
Roumania, Spain, St. Helena, Salvador, Santo Domingo, Straits Settle- 
ments. Tunis, Turkey, Uruguay. 

Proof of right tO' make the application should be obtained, and held 
for use if and when necessary. 

5. An Assignee, whether an individual, firm, or corporation, may 
apply, but an assignment must be filed in: — Argentine Republic, Brazil, 
British Gambia, Canada, Czecho-Slovakia, Ceylon, Chile, Colombia, Cuba, 
Deccan (Hyderabad), Denmark, East Africa Protectorate, Fiji, Finland, 
Gambia. Gold Coast Colony, Guatemala, Hong Kong, Iceland, India, 
Jamaica, Japan, Jodhpur (Marwar), Johore, Leeward Islands, Mauritius, 
Mexico, Mysore, Negri Sembilan, Newfoundland (but without assign- 
ment if owner prior foreign patent), Nicaragua, Nigeria, Norway, 
Pahang, Perak. Peru, Poland, Russia, San Domingo, San Salvador, 
Selangor, Seychelles, South Africa, Southwest Africa (Union), Sweden, 
Switzerland, Venezuela, Zanzibar. 

6. An Assignee, zvithout an assignment, if special power of attorney 
signed by inventor and assignee is filed. — Argentine Republic, Brazil, 
Chili, Mexico. 

7. Any person (individual, firm or corporation) : — Belgium, Germany, 
Holland (The Netherlands), Luxembourg, Turkey. (See also par. 4 & 5 
supra). 

8. Any person resident in the country, for an invention communicated 
to him from any person resident in a foreign country: — Australian Com- 
monwealth, Ceylon, Great Britain, Leeward Islands. 

p. The owner of a prior foreign patent: 

(a) The owner of a British patent, in British North Borneo, Ceylon, 
Falkland Island?, Gibraltar, Guernsey, Hong Kong, Jersey, Negri-Sem- 
bilan, Pahang, Perak, Selangor, St. Helena, Straits Settlements. 

(bj The owner of any prior foreign patent, in Belgium, Belgian 
Congo, China, Costa Rica, Cuba, Egypt, Fiji Islands, Honduras, Jamaica, 
Newfoundland, Panama, Paraguay, San Domingo, Spain (5 year patent), 
Venezuela. 

(c ) The owner of a prior United States patent, in Philippine Islands, 
Porto Rico. 

(d) The owner of a prior Portuguese patent, in Portuguese Colonies. 
fe) The owner of a prior Danish patent, in Iceland. 

39 



Novelty Required. 

The general rule is that the invention must be new in the country 
at the moment the application for patent is filed. There are important 
exceptions to and variations of this rule, however, which are explained 
under the headings ''When Applications May Be Filed," and "Inter- 
national Convention." 

Unless the case falls within one of the classes of exceptions there- 
in named, it may be considered as unsafe to delay the filing of an appli- 
cation until after publication or public use of the invention has taken 
place. 

The Official Gazette of the United States Patent Office is regu- 
larly forwarded to many foreign countries after its issue, and the 
brief publication of inventions therein may constitute a bar to the 
issue of valid patents based on applications filed subsequent to the re- 
ceipt of such Gazette in the foreign country. This is especially true 
with respect to Great Britain, Australian Commonwealth, Chile, Japan, 
New Zealand, South Africa (Union), and Switzerland. The publica- 
tion in the Gazette to be a bar must be sufficient to enable the inven- 
tion to be understood and practiced. 

In extreme cases it is possible, for some countries, to cable a brief 
description of the invention to the foreign countr}^, after the issue of 
the Gazette, but before it reaches the country, and to file an applica- 
tion in order to secure the proper filing date, and to file the complete 
papers with specifications and drawings later. This is soniewhat ex- 
pensive but it will preserve rights that would otherwise be lost. 

When Application May Be Filed. 

The International Convention (a list of member countries will be 
found under the following heading) — allows a- term of priority of one 
year from the date of the filing of an application for a patent in any one 
of the Convention countries, for filing similar applications for patent in 
the other member countries. 

If advantage cannot be taken of the provisions of the International 
Convention the obviously safe course is to file all applications for foreign 
patents, that may be determined upon, before the issuance of any patent, 
and before there has been any publication or public use of the invention. 

Valid patents may, however, in some cases, be obtained upon applica- 
tions filed at a later time. 

Applications for patents, not filed under the International Conven- 
tion, should be filed in accordance with the following requirements in the 
countries named below : 

1. Before publication or public use of the invention in any country. — ■ 
France, Guatemala, Holland, Flungary, Spain (for 20 year patent), 
Sweden, Tunis, Turkey. 

2. Before printed publication anywhere, and before public use in the 
country. — Austria, Belgium (patent of invention), Czecho-Slovakia, Den- 
mark, Finland (but ofiicial publication no bar for six months), Germany, 
Jugo-Slavia, Luxembourg, Norway, Poland, Portugal (use in Colonies is 
also a bar), and Russia (official publication not a bar). South Africa 
(may be made within 12 months from date of filing of foreign appli- 
cation). 

J. Before printed publication in any country. — Bolivia, Ecuador, 
Peru, and Salvador (official publication not a bar). 

40 



4. Before public use in any country. — Cuba ("Nacional" patent), 
Columbia. 

5. Before publication or public use in the country. — Great Britain, 
Argentine Republic (15 year patent), Australian Commonwealth, Ba- 
hamas, Barbados, British Central Africa, British Honduras, British 
Guiana, Greece, Chile, India, Japan, Leeward Islands, Liberia, Malta, New 
Zealand, Nicaragua, Russia, South Africa (Union), Switzerland. 

6. Before public use in the country. — Bermuda, Grenada, St. Lucia, 
St. \'incent, and Trinidad and Tobago. 

y. During the life of a prior British patent, provided no prior use in 
the country. — Ceylon, Hong Kong. 

8. During the life of a prior British patent, provided no prior use in 
the country or in Great Britain or her possessions, *use in the interim by 
inventor or with his consent excepted. — British North Borneo, Negri- 
Sembilan, Pahang, Perak, Selangor, Straits Settlements. 

p. During the life of a British patent. — Cyprus, Falkland Islands, 
Gibraltar, Gilbert Islands, Gold Coast Colony, Guernsey, Jersey, St. 
Helena. 

10. During the life of a prior foreign patent, provided no prior use 
in the country. — Argentina, Costa Rica, Italy, Jamaica, Newfoundland, 
Spain (5 year patent). 

11. During the life of a prior foreign patent. — Belgium (patent of 
importation), Belgian Congo, China, Cuba, Egypt, Fiji Islands, Honduras 
Panama, Paraguay, San Domingo, Venezuela. 

12. During the life of certain prior patents. — Porto Rico, and Philip- 
pine Islands (United States patent), Iceland (Danish patent), Portuguese 
Colonies (during first two years of Portuguese patent). 

7j. JVithin one year from the alquisition of a foreign patent, or the 
sealing of a British patent. — Deccan, East Africa Protectorate, India, 
Mysore, Zanzibar. 

14. Within a given period of time after first prior patent. — Argentine 
Republic (within one year), Brazil (seven months from grant), Canada 
(one year from issue), Mauritius (one year from date of British), 
Mexico (three months from publication), Norway (twelve months when 
reciprocal), Roumania (six months from grant). Southern Rhodesia (one 
year from grant), Uruguay (one year from issue). 

International Convention for the Protection of 
Industrial Property. 

The following countries are members of this Union, viz. : 
Australian Commonz^'ealth, Austria, Belgium, Brazil, Czecho- 
slovakia, Ceylon, Cuba, Curagao, Denmark and Faroe Islands, Dutch East 
Indies, France and Colonics, Germany, Great Britain, Holland (The Neth- 
erlands), Hungary, Italy, Japan and Korea, Jugoslavia, Mexico, N'ezv 
Zealand, Xorvjay, J^ortugal, Poland, San Domingo, Servia, Spain and 
Colonies, Surinam, Sweden, Switzerland, Trinidad and Tobago, Tunis, 
United States. 

The convention provides that whoever has regularly filed an ap- 
plication for patent in one of the Convention countries shall enjoy a 
period of priority of twelve months from the date of such application, 
for filing his applications for patents in the other Convention countries. 
the same to have the same force and effect as if they had been filed 
simultaneously with such first filed application. 

41 



This permits inventors, who have filed applications for patents in 
the United States, to file applications for patents in the other Conven- 
tion countries at any time before the expiration of one year from the 
date of the filing of such application in the United States, regardless of 
intervening publication or public use of the invention. 

Examination of Applications as to Novelty. 

Applications are subject to examination as to the novelty of the 
invention at the time the application is filed, in the following countries : 

Australian Commonwealth, Austria, Canada, Chile, Cuba, Den- 
mark, Finland, Germany, Great Britain, Holland, Hungary, Japan, 
Luxembourg, Norway, Russia, Sweden. 

The examination varies in the several countries both as to charac- 
ter and extent, that in Germany being considered the most severe and 
complete. Amendments of the specifications and claims to meet offi- 
cial objections, and to avoid prior patents cited, may be required. 
These are subject to charge according to the character and extent of 
the work involved, and are prepared and filed by our correspondent 
patent attorneys resident in the respective countries, acting upon our 
instructions given after consultation with our client. 

Patents of Addition. 

In most of the principal European countries ''patents of addition'* 
are granted to a patentee or owner for improvements and modifications 
in an invention for which a patent has already been granted. They may 
be applied for from time to time, and at any time, during the life of the 
original patent. They form a part of the original patent after their 
issue and expire therewith. Usually they are not subject to the pay- 
ment of separate annual taxes, and do not require a separate working, 
although care must be taken to see that the features of the patent or 
patents of addition are not omitted in the working of the original 
patent. 

The charges and formalities for patents of addition are the same 
as for other patents. 

Provisional Protection. 

In Great Britain and in many of her Colonies (Canada is ex- 
cepted), a provisional application, without drawings, may be filed to 
secure a filing date and provisional protection of the invention for a 
short period of time, usually six months. In preparing provisional 
applications great care should be exercised, while describing the inven- 
tion briefly and in general terms, to see that every essential feature of 
the invention is mentioned. 

Where provisional applications are filed the application may be 
completed by filing complete specifications and drawings of the inven- 
tion before the end of the term of provisional protection. 

In simple cases our charge for preparing and filing provisional 
applications is $45.00, but this charge is increased for involved, com- 
plicated and difficult cases. Where a complete application is filed 
afterwards, the charge for completing and prosecuting the application 
is the same as for ordinary applications (see schedule of charges). 

42 



Patents for Inventions Communicated from Abroad. 

Under the British practice, and in many of her Colonies (Canada 
excepted), applications for patents may be filed in the name of a per- 
son residing abroad, and the patent will be sealed in the name of the 
person making the application. 

This practice may be taken advantage of when it is necessary to 
cable a brief description of the invention abroad to secure a filing date 
in advance of publication or public use of the invention, but is not to 
be recommended in other cases, and is not applicable to applications 
filed under the International Convention. 

Where this practice is followed care should be exercised to obtain 
the assignment of the patent to the rightful owner immediately upon 
its issue. 

"Gebrauchsmuster" or Useful Model Protection. 

In Germany and Japan this type of protection may be obtained. It 
covers the form of simple devices, tools and appliances. Processes can- 
not be covered, as this protection is only applicable to concrete 
articles. 

These "petty" patents are granted for a term of three years, no 
examination as to novelty being made. The protection may be ex- 
tended for an additional term of three years, making six years in all. 

It is common practice to apply for ordinary patents and Gebrauchs- 
muster simultaneously, so that in the event of the refusal of a patent 
the protection afforded by the Gebrauchsmuster will be available, or, 
in case of the undesirable limitation of the claims of a patent as finally 
allowed, the additional protection of the Gebrauchsmuster will be had 
from the date of the patent application. 

An important point in connection with a Gebrauchsmuster is that 
protection commences almost at once, as the grant is usually made 
within a few days from the filing of the application. In many cases 
it is desirable that articles be protected quickly, and without the long 
delay usual betw^een the filing of ordinary application^ for patents, 
their examination, and the issue of the patent thereon. 

Ordinary patent applications may also include the reservation of 
the right to Gebrauchsmuster protection in case of the final rejection 
of the patent application — "eventual Gebrauchsmuster" as it is termed. 
This is a very common practice in Europe in connection with applica- 
tions for German patents ; in such cases, upon the final refusal of a 
patent, the Gebrauchsmuster application may be completed, and the 
protection will be in operation from the filing date of the application 
for patent. 

Our charge for preparing, filing, and prosecuting an application 
for Gebrauchsmuster is $50.00; for applications for extension of term 
of protection from 3 to 6 years $35.00. 

Oppositions. 

The laws of a number of countries, the more important of which 
are Great Britain and some of her Colonies, provide for the publica- 
tion of inventions for which patents have been solicited, and a fixed 
period of time after such publications, usually two months, within 
which persons who believe that they have just grounds for objecting 
to the issue of a patent may oppose the grant thereof, and present 
their reasons for such opposition. 

43 



Full opportunity for reply is provided for the applicant for the 
patent, and the case is finally heard and decided upon its merits. 
As a matter of fact, however, such oppositions are seldom entered. 

Compulsory Licenses. 

A considerable number of countries, including Great Britain and 
many of her Colonies, have included in their patent laws a provision 
for the granting of compulsory licenses in cases where an invention is 
not being adequately worked in the country under the patent, or, in 
case of interfering patents, where the owner of a subsequent patent 
is unable to make use of his invention because of the unreasonable 
refusal of a prior patentee to allow him to do so. 

The license fees or royalties in such cases are determined after full 
investigation of the facts of the case. 

In some countries this provision takes the place of the working 
requirement, in other countries it is a separate provision. 

Taxes. 

The imposition of taxes payable at intervals during the life of the 
patent is undoubtedly to provide a continuing revenue for the govern- 
ment in return for the monopoly granted to the inventor, during its 
life, and also to make provision for the cessation of the monopoly in 
the event that the owner fails or ceases to make use of the invention 
in the country, and thereby deprives the public of its benefits. 

The taxes are usually annual and progressive in amount, the 
theory being that if the invention is brought into effective use in the 
country it will return profits largely in excess of the tax, so that the 
latter will not be a burden, while if not so used, although the inventor 
may continue to pay the taxes for a time, he will .soon cease to do so 
and allow the invention to fall into the public domain. 

All taxes are payable in advance before the expiration of the term 
for which they have already been paid. 

Grace, with or without fine, is granted in many countries for 
short periods of time, for making these payments after the due date. 

Full particulars as to inclusive charges for making these pay- 
ments, grace and fine, and times from which the due dates are counted, 
will be found on pages 52 to 55. 

Workings. 

The intent of this provision of the foreign patent laws is un- 
doubtedly to compel the patentee to make commercial use of the inven- 
tion in the country in order to aid its industry, and to insure the use 
of the invention to the public, a failure to do so making the patent 
subject to forfeiture. 

What amount and character of working will be considered 
sufficient, varies according to the law in force in each country, and the 
conditions of each particular case. 

;■■ It may, however, be taken for a fact that manufacture in the coun- 
try in question on a commercial scale, and with materials procured in 
that country, will undoubtedly be sufficient, and on the other hand, 
that nothing less, in most cases, will afiford absolute security. 

As typical provisions of the kind, those of the French and German 
laws will be found of interest. 

44 



Art. Z2 of the French law provides with respect to workings : 
"The following shall be deprived of all their rights : 

<<2 Ji: ,^; H< 5{: 

"2. The patentee who has not worked his discovery or invention 
in France within the term of two years from the date of the signature 
of his patent, or who has ceased to work it during two consecutive 
years, unless, in the one case or the other, he justifies himself as to the 
causes of his inaction." 

The German law provides : 

''HI. A patent can be declared void after the expiration of three 
years, counting from the day after the publication of the grant of the 
patent : 

''1. If the patentee fails to work li^ invention in Germany to an 
adequate extent, or at least, to do everything that is necessary to in- 
sure its being worked." 

It should be noted that the general rule is that the importation of 
parts and assemblage of the same in the country is not only regarded 
as insufficient compliance with the law, but is often held to be a reason 
for forfeiture, on the ground that such importation did damage to the 
home manufacturers, and this is true even if some of the parts are 
made in the country. Nor will the fact that the patentee obtains his 
raw materials in the country excuse him for a failure to manufacture 
his goods there. 

When working on a commercial scale is out of the question and 
the invention is a simple one, it is best to arrange to^ have it made by 
some manufacturer in the country, and have the articles exposed and 
oflfered for sale there, obtaining proof of the steps taken. The manu- 
facturer should be ready to satisfy the public demand for the article. 

Where a more complex invention, or one relating to public serv- 
ice, or the like, is involved, offers to license may be made to parties 
likely to be interested, by letter, and advertisements may be published 
in suitable journals offering to grant licenses, or sell the patent. 

Working — International Convention Countries. The patent laws of 
the Australian Commonwealth, Belgium, Cuba, France, Italy, Portu- 
gal and Tunis require the working to be commenced within a shorter 
term than three years, but they, being members of the International 
Convention, are bound by the provisions of Article III bis of the 
Additional Act of Brussels, and their patents, held by citizens of coun- 
tries, members of the Union, which includes the United States, cannot 
be declared void for non-working during a period of three years from 
the date of the application therefor. 

Canada — Importation. 

The Canadian law contains a provision regarding importation, as 
follows : If the patentee or his assigns, or his or their representatives, 
after the expiration of twelve months from the grant of the patent (or 
any authorized extension of this time), imports the invention or causes 
the same to be imported into Canada, the patent will become void as 
to the interest of the person or persons so importing or causing the 
invention to be imported. 

The term for importation can sometimes be extended for an addi- 
tional period of time, but only upon good cause being shown to the 
satisfaction of the Commissioner of Patents. The charge for apply- 
ing for such an extension is $15.00. 

45 



Tax and Working Notices. 

Our office maintains a special department which attends to the 
fulfilment of all legal requirements in connection with foreign patents 
and trade-marks, subsequent to the grant of such rights, when, and as 
requested by correspondents. 

All foreign patents and trade-marks obtained by our office, as well 
as others placed in our charge by request, are properly entered in 
books kept for that purpose, and timely notifications of all taxes, 
workings, and other legal requirements about to fall due, are mailed 
by us to our correspondents. We will also, when requested, accept a 
deposit of sufficient funds to cover all taxes, workings, etc., during 
a given period of time, and attend to the same without troubling the 
client with notifications until such time as such deposit is about to be 
exhausted. 

All reasonable measures are taken by us to insure absolute accu- 
racy in the transaction of the business in this department. We can- 
not, however, accept any responsibility for any loss or damage that 
may occur through failure to receive such notifications. 

We make no charge for the above notification service. 

SCHEDULES OF CHARGES. 

Foreign Patents — Assignments — Taxes — Workings. 

The charges are inclusive for the services mentioned except as 
stated below: 

Patents : The charges include the cost of preparing the specifica- 
tion and drawings, the translation of the specification when necessary 
up to the number of words stated, the legalization of the documents 
when necessary if such documents are executed before a Notary Pub- 
lic and his certificate is attached, and the filing and prosecution of the 
application up to issue and delivery of the patent, or final rejection, 
(amendments, oppositions and appeals excepted). 

The charges named are for ordinary or average cases. Where 
cases are extremely heavy, or the drawings numerous, we will be com- 
pelled to make additional charges to cover extra services and costs. 

The charges named do not include the cost of amending applica- 
tions to overcome the objections of examiners where applications are 
subjected to examination as to novelty, nor do they include the cost of 
meeting oppositions or taking appeals, which, however, are infrequent, 
nor the cost of obtaining copies of foreign patents cited as anticipa- 
tions during examination as to novelty. These are subject to separate 
charge. 

Terms : In ordering applications one-half of the charge must be 
remitted with the order, the balance to be paid upon the return to us 
of the executed papers for filing. 

Taxes: The charges named are inclusive of the government tax 
and the fees for making the payment and forwarding the official re- 
ceipt ; where grace is taken the separate charge therefor includes the 
fine imposed. 

All orders and remittances for the payment of taxes must be de- 
livered in our office in ample time for payment to be transmitted to 
and made in the country in question in due time. In urgent cases 

46 



where it is necessary to transmit the order by cable the cost of the 
cable and transfer of money must also be paid when the order is given. 
We will not be responsible for loss, where the orders for such 
payments are not received in our office in such manner. 

Workings : The charges named do not include the cost of manu- 
facture or the transportation of models, customs duties, or similar ex- 
penses. They do include the fees of our agent and ourselves and the 
cost of advertising when necessary. 

Special Prices : Due to the fluctuation in exchange values we are 
prepared to quote special prices from time to time in cases for foreign 
countries, and we will be glad to furnish special estimates upon re- 
quest. Again, owing to the numerous and frequent changes in laws 
and governmental fees the charges named in this schedule must be 
regarded as subject to change without notice. 

Discounts : Where a number of applications are to be filed simul- 
taneously, in a number of countries, we can allow a substantial dis- 
count from list prices. 

Estimates: We are always glad to respond to a request for a spe- 
cific estimate of costs where a number of applications are to be filed 
upon the same invention. 

Charges for Other Countries: The charges for several of the 
smaller and less known countries which grant patent protection are 
purposely omitted from these tables. We will quote costs for such 
applications upon request. 

Patent Litigation Abroad. 

Through our excellent direct foreign connections abroad we are 
in a position to handle any litigation in any foreign country with 
relation to either the prosecution or defense of a patent or trade-mark 
infringement suit. 

Notes Referred to in Schedule of Charges. 

1. France, Assignments. The French law is peculiar in that it re- 
quires the payment of all taxes for the full term of the patent before 
an assignment of the latter can be recorded. The cost of recording a 
regular assignment is therefore high. The expense can be estimated 
by adding the charges given in the schedule of charges for the un- 
expired years of the patent and adding to this sum $25 for the cost of 
preparing and filing the assignment. 

Another method of assignment sometimes employed is the prepa- 
ration and execution of what is termed a notarial assignment, wherein 
the parties nominate and appoint an attorney with full power to exe- 
cute and record the formal assignment. These documents, properly 
executed and legalized, are held ready for use as occasion demands. 
The charge for notarial assignments is $25. 

2. Italy. Patents are issued in this country for terms of from i to 
15 years: what is called a term tax amounting to about $3.00 must be 
paid on applications for each year of the term for which the patent is 
asked for. Short term patents may be extended by one or more pro- 
longations to the full term of 15 years. The cost of such prolongations 
is usually $50, to which must be added the amount of the next annua] 
tax, which must be paid when prolongation is requested. 

47 



Patents of importation are also granted for the unexpired term of 
a prior foreign patent, but not to exceed 15 years in all. The terms 
and formalities are the samie as for other patents. 

3. Canada. The patent is granted for 18 years. A filing fee of 
$15 must be paid when the application is filed and a final fee of $20 
must be paid within six months of the date of the official notice of 
allowance. No further taxes or fees are now due or payable after 
allowance. Our charges include the filing fee but not the final gov- 
ernment fee. 

4. Argentine Republic. Patents are issued for either 5, 10 or 15 
years. The charge quoted in schedule is for a 10 year patent. The 
charge for a 5 year patent is $100, and for a 15 year patent $180. 

5. Porto Rico — Philippines. Protection may be obtained by the 
deposit of a copy of the U. S. patent. 

6. Brazil. The charge for extra translations also includes the cost 
of the required publication of the entire specifications and claims in 
the Diario Oficial. 

7. Colombia. Patents are granted from 5, 10, 15 and 20 years. The 
charge in the schedule is for a 15 year patent. The charge is $150 for a 
5 year; $175 for a 10 year; and $250 for a 20 year patent. 

8. Panama. Patents are granted for 5, 10, 15 and 20 years. The 
charge in the schedule is for a 15 year patent. The charge is $175 for a 
5 year; $200 for a 10 year; and $300 for a 20 year patent. 

p. Venezuela. Patents are granted for 5, 10 and 15 years. The 
charge in the schedule is for a 10 year patent. The charge is $175 for a 
5 year, and is $300 'for a 15 year patent. 

10. Baham^as. Patents may be extended for two similar terms of 
7 years each upon timely application being made. 

11. Cuba. The inventor, or his assignee if he presents a proper 
assignment, may apply for a ''Nacional" patent. The owner of a prior 
foreign patent, who may be the assignee of the inventor, may apply for 
the revalidation of a foreign patent in the country. 

12. Belgium — Taxes. The inclusive charge for the sixteenth year is 
$37-5o; seventeenth, $39.50; eighteenth, $41.50; nineteenth, $43.50; 
twentieth, $45.50. 

Jj. Spain — Taxes. The inclusive charge for the sixteenth year is 
$39.50; seventeenth, $41.50; eighteenth, $43.50; nineteenth, $45.50; 
twentieth, $47.50. 

14. The taxes in Nicaragua and Honduras are fixed by the govern- 
ment at the grant of the patent. 

75. Workings in Convention Countries. Although the periods of 
time fixed by the laws of a number of countries is less than 3 years, owing 
to the provisions of the Convention, patents in these countries cannot be 
declared invalid for non-working, provided working is commenced within 
the three year period. In the workings table we have named the period 
of time fixed by the local law in each country. 

Marking of Patent Articles. 

Patented articles are required to be marked in the following countries : 
Australian Commonwealth ('Talented," followed by date and number), 
Canada ("Patented," followed by year), Great Britain ("Patented," fol- 
lowed by number and year), Japan ("P. No "), Nicaragua ("Patenta- 

48 



do," followed by number and date), Salvador ('Tatentado," followed by 
number and date), Switzerland (The Federal Cross and number of 
Patent). 

Alarking is optional in the following countries, the usual mark being 
given after the name of each country : 

Argentine Republic — Patentado (number, date) ; Austria — O. P. 
Nr. . . . ; British Honduras — Patented (number, date) ; Belgium — Brevet 
beige No.. . . ; Belgian Congo — Brevet Congolais No ; Bolivia — Pa- 
tentado (number, date) ; Colombia — Patentado (number, date) ; Den- 
mark — Dansk Patent No.. . . ; Fiji Island — Patented (number, date) ; Fin- 
land — Patent No.. . . ; France — Brevete S. G. D. G. ; Grenada — Patented 
(year); Germany — D. R. P. No....; Guatemala — ^Patentado (number, 
date) ; Hungary — . . .sz. magyar kir. szabadalon; India — Patented (date) ; 

Italy — ; Luxembourg — Pat. Luxbg. No ; 

Leeward Islands — Patented (date) ; Malta — Patented (number, date) ; 
Mexico — Patentado (number, date) ; Mauritius — Patented (date) ; N^or- 
zuay — N. P. No.. . . ; Nezufoundland — Patented (year) ; A^'^ze; Zealand — - 

Patented (date, number); Peru — Patente No Peru; Portugal — - 

Privilegiado Pat. No....; Rhodesia — ^Patented (date, number); Rou- 

niania — Brevet de inventiune Regal Roman No f ara garantia guver- 

nulni ; Russia — Patented in Russia No ; Spain — Patentado (number, 

date); Szueden — Patent; Trinidad and Tobago — Patented (number, 
date) ; Tunis — Brevete sans garantie du governement tunisien; Turkey — - 
B. S. G. D. G. ; Uruguay — Patentado (number, date) ; Venezuela — Pa- 
tentado (number, date). 

Copies of Patents. 

Printed Copies. These can be obtained in the countries named be- 
low, and we can procure and furnish such copies at the prices stated : 

Austria 75 cents each Hungary 75 cents each 

Denmark 75 " " Norway 75 *' " 

France 50 " " Russia 75 " 

Germany 50 " '' Sweden 75 " " 

Great Britain 50 '' " Switzerland 50 " " 

Unprintcd Copies. These can be obtained at the cost of having the 
drawings and specifications prepared by hand ; we can obtain and furnish 
them upon request. 

Assignments of Patents. 

All docvunents in connection with assignments or agreements which 
affect the ownership of the patent or rights thereunder must be drawn in 
strict conformity with the requirements of the law and practice in the 
different countries, and should be presented for record with as little delay 
as possible after execution. 

The prices given in the schedule of charges for preparing and 
recording assignments are based upon assignments filed before the 
grant of the patent. If an assignment is filed after grant of the 
patent the governmental filing fee in most of the foreign countries is 
considerably increased and our charges consequently are proportion- 
ately increased. 

We can prepare and furnish all such documents upon request and 
when supplied with the necessary information. The original patent 
deeds should be forwarded to us wherever possible, with the instructions, 

49 



Patents, Charges, 



COUNTRY 





Term 


All 


Words of 


Extra 




Charge 

for 

Application 


of 


Taxes 


Transla- 


Transla- 


Assign- 


Patent 
Years 


Paid for 
Years 


tion 
included 


tion per 
100 words 


ments 
(See p. 46) 


$85.00 


15 


1 


1000 


$0.85 


$35.00 


60.00 


20 
life for. 


1 


1000 


.85 


27.50 


60.00 


pat. 


1 


1000 


.85 


27.50 


90.00 


15 


1 


1000 


1.25 


25.00 


95.00 


15 


1 


1000 


1.10 


25.00 


100.00 


15 


1 


1000 


1.50 


35.00 


85.00 


15 


1 


1000 


.85 


See note 1 


85.00 


15 


1 


1000 


,85 


20.00 


175.00 


14 


14 






25.00 


90.00 


16 


4 






25.00 


95.00 


14 


14 






35.00 


100.00 


15 


1 


1000 


1.00 


27.50 


95.00 


15 


1 


1000 


1.00 


35.00 


90.00 


g 


5 


1000 


1.00 


35.00 


80.00 


1 


1 


1000 


.85 


30.00 


90.00 


6 


1 


1000 


.85 


30.00 


110.00 


15 


1 


1000 


.85 


30.00 


95.00 


14 


14 




. . • . . 


35.00 


100.00 


15 


1 


1000 


1.25 


25.00 


70.00 


15 


1 


1000 


.85 


30.00 


100.00 


14 


4 


« • • • 




35.00 


95.00 


15' 


1 


1000 


1.00 


20.00 


90.00 


15 


1 


1000 


1.25 


25.00 


95.00 


15 


1 


1000 


100 


30.00 


150.00 


15 


1 


1000 


1.00 


70.00 


. 125.00 


15 


1 


1000 


1.00 


35.00 


95.00 


20 


1 


1000 


1.00 


30.00 


95.00 


5 


1 


1000 


1.00 


30.00 


95.00 


15 


1 


1000 


1.00 


25.00 


85.00 


15 


1 


1000 


.85 


25.00 


150.00 


15 


1 


1000 


1.25 


60.00 


65.00 


18 








10.00 


110.00 


20 


20 


1000 


1.25 


45.00 


125.00 


14 


14 







40.00 


180.00 


14 


3 






60.00 


130.00 


20 


20 




1.25 


60.00 


225.00 


15 


1 




1.25 


110.00 


175.00 


10 


. 1 




1.25 


85.00 


150.00 


10 


1 




1.25 


60.00 


225.00 


20 


10 




1.25 


60.00 


150.00 


10 


1 


1000 


1.25 


30.00 


150.00 


15 


1 


1000 


1.25 


45.00 


175.00 


15 


1 


1000 


3.50 


40.00 


170.00 


14 


7 






45.00 


225.00 


9 


9 


1000 


1.25 


35.00 


200.00 


15 


15 


1000 


1.25 


60.00 


225.00 


10 


10 


1000 


1.25 


50.00 


180.00 


14 


14 






• 50.00 


250.00 


15 


15 


1000 


1.25 


85.00 


190.00 


10 


10 


1000 


1.25 


85.00 



EUROPE 

c Austria 

c Belgium (Invention) 



Belgium (Importation) 

Czecho-Slovakia 

Denmark 

Finland 

France 

Germany 

Gibraltar 

Great Britain 

Guernsey 

Holland 

Hungary 

Iceland 

Italy (2) 

Italy (2) 

Italy (2) 

Jersey 

Jugo-Slavia 

Luxembourg 

Malta 

Norway 

Poland 

Portugal 

Roumania 

Eussia 

Spain (Invention) .... 
Spain (Importation) . . 

Sweden 

Switzerland 

Turkey 



NORTH AMERICA 

Canada (3) 

c Mexico 

Newfoundland 



CENTRAL AMERICA 



British Honduras 

Costa Rica 

Guatemala 

Honduras 

Nicaragua 

Salvador 



SOUTH AMERICA 

Argentine Republic (4) 

Bolivia 

Brazil (6) 

British Guiana 

Chile 

Colombia (7) 

Ecuador 

Falkland Islands 

Panama (8) 

Paraguay 



c Countries marked thus are members of the International Convention. 

Numbers in parenthesis in country columns refer to correspondingly numbered notes which follow 
these tables. 



50 



Applications, Assignments. 



COUNTRY 



SOUTH AMERICA (Cont'd.) 

Peru 

Uruguay 

Venezuela (9) 



WEST,INDIES 
Bahamas (10) . . . . 

Barbados 

Bermuda 

Cuba (11) 

Grenada 

Jamaica 

Leeward Islands . . 

Porto Eico (5) 

St. Lucia 

St. Vincent 

San Domingo 

Trinidad iS: Tobago. 



ASIA 

British No. Borneo... 

Ceylon 

China 

Deccan (Hyderabad) 

Hong Kong 

India 

Japan 

Mysore 

Negri-Sembilan 

Pahang 

Perak 

Philippine Islands (5) 

Selangor 

Straits Settlements . . 



AFRICA 

Belgian Congo 

British Cent. Africa. . 

East Africa Prot 

Egypt 

Gambia (British) ... 

Gold Coast Colony 

Liberia 

Mauritius 

Nigeria 

Portuguese Colonies . . 

Rhodesia 

St. Helena 

Seychelles 

South Africa (Union) 

Tunis 

Zanzibar 



AUSTRALASIA 
c Australian Commonwealth 

Fiji Islands , 

c New Zealand 



Charge 

for 

Application 



$175.00 
150.00 
235.00 



175.00 
135.00 
175.00 
125.00 
150.00 
160.00 
225.00 
50.00 
225.00 
150.00 
200.00 
175.00 



145.00 
125.00 

75.00 
150.00 
130.00 

95.00 
110.00 
125.00 
195.00 
195.00 
195.00 

50.00 
195.00 
150.00 



100.00 
150.00 
150.00 

85.00 
135.00 
150.00 
200.00 
200.00 
250.00 

65.00 
100.00 
100.00 
195.00 

90.00 
100.00 
150.00 



125.00 

250.00 

90.00 



Term 

of 
Patent 
Years 



10 

9 

10 



7 
14 
14 
17 
14 
14 
14 
17 
14 
14 
15 
14 



14 
14 
Reg 'n 
14 
14 
14 
15 
14 
14 
14 
14 
17 
14 
14 



20 
14 
14 
Reg'n 
14 
14 
20 
14 
14 
15 
14 
14 
14 
14 
15 
14 



16 
14 
14 



All 

Taxes 

Paid for 

Years 



10 

1 

10 



7 

4 

14 

17 

4 

14 

3 

17 

4 

4 

15 

14 



14 
4 

4 

14 

4 

3 

4 
7 
7 
7 

17 
7 

14 



20 
4 
4 

4 

4 

20 

14 

4 

1 

3 

14 

4 

3 

1 

4 



7 

14 

4 



Words ef 
Transla- 
tion 
included 



1000 
1000 
1000 



Extra 
Transla- 
tion per 
100 words 



1000 



$1.25 
1.25 
1.25 



1000 



1000 

i666 



1000 



1000 



1.25 

1.25 

1.25 
L25 

.85 
" .85 



Assign- 
ments 
(See p. 46) 



c Countri<^s marked thus are members of the International Convention. 

Numbers in parenthesis in country columns refer to correspondingly numbered notes which follow 
these ta1)les. 



51 



TAXES, INCLUDING CHARGES FOR PAYING SAME. 



COUNTRY 



EUROPE 

C Austria 



YEARS 

(Amounts are in dollars and include charges for paying) 



2nd 



C Belgium (12) , 



C Czecho-Slovakia 

C Denmark 

C Finland 



C France 

C Germany 

Gibraltar 

C Great Britain. 

Guernsey 

C Hungary 

C Holland 

C Italy (2) 



18.00 
9.50 

12.00 
13.00 
13.00 



30.00 
18.25 

No t 



3rd 



20.00 
11.50 



Jersey 

C Jugo-Slovakia. 

Luxembourg. . 

Malta 

C Norway 

C Portugal 

C Poland 

Roumania 

Russia 

C Spain (13) . . . . 

C Sweden 

C Switzerland . . . 

Turkey 



No t 
18.50 
35.00 
14.50 

No t 
12.00 
10.50 



13.00 
13.00 



30.00 
30.75 
axes 



4th 



25.00 
13.50 



14.00 15.00 



20.00 
18.00 



axes 
20.50 
35.00 
14.50 

axes 

14.00 

12.50 



9.50 
12.00 
12.00 
17.00 
22.00 
11.50 
14.00 
12.50 
27.00 



30.00 
44.50 



22.50 
42.00 



5th 



30.00 
15.50 

18.00 
20.00 
18.00 



36.00 
17.50 

20.00 
20.00 
18.00 



30.00 
57.CO 

32.00 

24.50 
42.00 
19.50 19.50 



10.75 
12.00 
14.00 
17.00 
25.00 
13.50 
14.00 
14.50 
27.00 



15.00 
14.50 



6th 



47.00 
19.50 

25.00 
35.00 
21.00 



46.00 
69.50 

37.00 

30.00 
42.00 
19.50 



7 th 



46.00 
82.00 

42.00 

34.50 
50.00 
24.50 



8th 



12.00 
12.00 
15.00 
22.00 
28.00 
15.50 
18.00 
16.50 
127.00 



18 
16. 

37 
13 
12 
18 
22 
34 
17 
18 
18 
27 



00 
50 
.00 
.25 
.00 
.00 
.00 
00 
.50 
00 
.50 
.00 



20.00 
18.50 
42.00 
14.50 
12.00 
20.00 
32.00 
40.00 
19.50 
30.00 
20.50 
27.00 



25.00 
20.50 
47.00 
15.75 
12.00 
25.00 
32.00 
54.00 
21.50 
30.00 
22.50 
27.00 



57.00 
21.50 

30.00 
35.00 
21.00 



46.00 
94.50 

47.00 

38.50 
50.0C 
24.50 



9th 



66.00 
23.50 

35.00 
35.00 
21.00 



46.00 
109.50 

52.00 

42.50 
50.00 
24.50 



10th 



75.00 
25.50 

40.00 
64.00 
24.00 



46.00 
122.00 

57.00 

51.00 
60.00 
29.50 



11th 



95.00 
27.50 

45.00 
64.00 
24.00 



69.00 
134.00 

62.00 

65.00 
60.00 
29.50 



30.00 
22.50 
52.00 
17.00 
12.00 
30.00 
32.00 
66.00 
23.50 
40.00 
24.50 
27.00 



35.00 
24.50 
57.00 
18.25 
12.00 
35.00 
32.00 
79.00 
25.50 
40.00 
26.50 
27.00 



40.00 
26.50 
62.00 
19.50 
12.00 
40.00 
52.00 
92.00 
27.50 
55.00 
28.50 
27.00 



12th 



115.00 
29.50 

50.00 
64.00 
24.00 



69.00 
147.00 

67.00 

75.00 
60.00 
29.50 



13th I 14th 



131.00 
31.50 

60.00 
92.00 
27.00 



149.00 
33.50 

70.00 
92.00 
27.00 



69.00 69.00 
159.00 172.00 



45.00 
28.50 
67.00 
20.75 
12.00 
45.00 
52.00 
122.00 
29.50 
55.00 
30.50 
27.00 



50.00 
30.50 
72.00 
22.00 
12.00 
50.00 
52.00 
147.00 
31.50 
70.00 
32.50 
27.00 



72.00 

85.00 
70.00 
34.50 



60.00 
32.50 
77.00 
23.20 
12.00 
60.00 
52.00 
174.00 
33.50 
70.00 
34.50 
27.00 



15th 



167.00 
35.50 

80.00 
92.00 
27.00 



77.00 

95.50 
70.00 
34.50 



69.00 
184.00 

82.00 

117.00 
70.00 
34.50 



70.00 
34.50 
82.00 
24.50 
12.00 
70.00 
52.00 
202.00 
35.50 
80.00 
36.50 
27.00 



80.00 
36.55 



25.70 
12.00 
80.00 
52.00 
232.00 
37.50 
80.00 
38.50 
27.00 



NORTH AMERICA 



Canada (4) 

C Mexico 

Newfoundland. 



No t 
No t 

No t 


axes 
axes 
axes 























CENTRAL AMERICA 



British Honduras. 

Costa Rica 

Guatamala 

Honduras (14) , . . 
Nicaragua (14) . . . 
Salvador 



No t 
27.50 
Varie 
Varie 
,15.00 



SOUTH AMERICA 



Argentine Republic. 

Bolivia 

Brazil 

British Guiana 

Chile... 

Colombia 

Ecuador 

Falkland Islands. . . 

Panama 

Paraguay 

Peru 

Uruguay 

Venezuela 



19.50 
22.00 
22.00 



axes 
27.50 
s fro 
s fro 
15.00 



19.50 
26.00 
26.00 



77 SO 








27.50 


27.50 


27.50 


27.50 


m 


27.50 


to 


67.50 


m 


27.50 


to 


67.50 


15.00 


15.00 


15.00 


15.00 



127 50 
















27.50 
per ye 
per ye 

15.00 


27.50 
ar. 
ar. 

15.00 


27.50 
15.00 


27.50 
15.00 


27.50 
15.00 


27.50 
15.00 


27.50 
15.00 


27.50 
15.00 



No 

No 

No 

No 

No 

No 

No 

47.50 

No 



axes 

axes 

axes 

axes 

axes 

axes 

axes 

47.50 

axes 



19.50 
30.00 
30.00 



19.50 
34.00 
34.00 



47.50 



47.50 



19.50 
38.00 
38.00 



19.50 
42.00 
42.00 



47.50 



47.50 



19.50 

46.00 

46.00 

117.50 

47.50 


19.50 
50.00 
50.00 


19.50 
54.00 
54.00 


19.50 
58.00 
58.00 


19.50 
62.00 
62.00 


19.50 
66.00 
66.00 


19.50 
70.00 
70.00 


19.50 
74.00 
74.00 


47.50 



























C Countries marked thus are members of the International Convention. 

Numbers in country columns refer to correspondingly numbered notes which follow these tables. 



52 



TAXES, INCLUDING CHARGES FOR PAYING SAME. 



COUNTRY 



WEST INDIES 

Bahamas, renewal (10) 

Barbadoes 

Bermuda 

Cuba 

Grenada 

Jamaica . 

Leeward Islands 

Porto Rico 

St. Lucia 

St. Vincent 

San Domingo 

Trinidad & Tobago . . 

ASIA 

British No. Borneo . . 

Ceylon 

China 

Deccan (Hyderabad) 

Hong Kong 

India 

Japan 

Mysore 

Negri-Sembilan 

Pahang 

Perak . . . 



YEARS 



2nd 



No t 
No t 



No t 
Not 



No t 
No t 



No t 
Not 
Not 



3rd 



axes 
axes 



axes 
axes 



4th 



Philippines 

Selangor 

Straits Settlements. . 

AFRICA 

Belgian Congo 

Br. Central Africa . . . 
East Africa Prot . . . . 

I^g>Tt; ,■; 

Gambia, British 

Gold Coast Colony . . 

Liberia 

Mauritius 

Nigeria 

Portuguese Colonies 

Rhodesia 

St. Helena 

Seychelles 

South Africa (Union) 

Tunis 

Zanzibar 



axes 
axes ! 



axes 



5th 



62.50 

27.50 

32.50 

27.50 
27.50 



6th 



62.50 

32.00 

32.50 

32.50 
32.50 



7th 



77.50 
62.50 



37.50 

32.50 

37.50 
37.50 



8th 



87.50 

42.00 

32.50 

42.50 
42.50 



9th 



87.50 

47.50 

42.50 

47.50 
47.50 



10th 



87.50 

50.00 

42.50 

50.00 
50.00 



nth 



112.50 

55.00 

62.50 

58,00 
58.00 



12th 



112.50 

72.50 
62.50 

72.50 

72.50 



13th 



112.50 

85.00 

62.50 

76.00 
76.00 



14th 



127.50 
112.50 



90.00 

62.50 

80.00 
80.00 



No t 
Not 

No t 

isio't 



axes 



axes 



axes 



No t 
No t 



12.50 
No t 



27.50 



axes 



axes 



15.00 



32.50 

27.50 

32.50 
15.00 
37.50 



32.50 

27.50 

32.50 
15.00 
37.50 



32.50 

27.50 

32.50 
17.50 
37.50 



axes 



axes 
axes 



12.50 



axes 



27.50 
27.50 



12.50 
22.50 



27.50 



57.50 



57.50 



72.50 
72.50 



72.50 
12.50 
27.50 

57.50 



27.50 



62.50 



72.50 
72.50 



72.50 
12.50 
30.00 

57.50 
37.50 
27.50 



32.50 

27.50 

32.50 
17.50 
37.50 
52.50 
52.50 
52.50 

52.50 



67.50 



32.50 

27.50 

32.50 
17.50 
37.50 


52.50 

.37.50 

52.50 
20.00 
57.50 


67.50 

37.50 

52.50 
20.00 
57.50 


87.50 

37.50 

52.50 
20.00 
57.50 


87.50 

37.50 

52.50 
22.50 
57.50 


87.50 

37.50 

52.50 
22.50 
57,50 


' 22.50 



























































72.50 
72.50 



72.50 
12.50 
32.50 

57.50 



27.50 



72.50 
82.50 

97.50 
97.50 



97.50 
12.50 
35.00 

77.50 



27.50 
102.50 



77.50 


82.50 


87.50 


92.50 


97.50 




97.50 
97.50 


122.50 
122.50 


122.50 
122.50 


122.50 
122.50 


122.50 
122.50 




97.50 
12.50 
37.50 


122.50 
12.50 
40.00 


122.50 
12.50 
42.50 


122.50 
12.50 
45.00 


122.50 
12.50 
47.50 


' 12.50 


77.50 
57.50 
27.50 


92.50 


92.50 


92.50 


92.50 




27.50 


27.50 


27.50 


27.50 


27.50 



AUSTRALASIA 

Australian C'wealth . 














37.50 
62.50 
















Fiji Stands 

New Zealand 


No t 


axes 




37.50 





















Countries marked thus are members of the International Convention. 

N'umhers in country columns refer to correspondingly numbered notes which follow these tables. 



53 



TAXES— Grace and Fine. (See pages 44 to 48) . WORKINGS, (See pages 44 to 48) . 



Prov. prot 
Appl'n. . . . 



GRACE AND FINE 



3 mos., $4.00 

1 mo., no fine; 5 mos., addl., $2.50 



3 mos., $8.00 . ... 

3 mos., one-fifth added. 
3 mos., one-fifth added. 



1 mo., $3.50; 2, $4.50; 3, $5.50. 
6 wks., no fine; 6 wks., addl., $3.00 



1 mo., $10; 2, $20; 3, 



30 days, no fine; 30 days addl, $i 
1 mo., $4; $15 for 2 addl. months 

3 mos., no fine 

3 mos., $8 



3 mos., $8 

3 mos., no fine 

1 mo., $10; 2, $15; 3, $20...:. . 

3 mos., one-fifth added 

30 days, $3; 60 days, $5 

3 mos., $8 

30 days, no fine 

1 mo., 10% addl.; 2, 25%; 3, 50% 
1 mo., $2.50; 2, $4.50; 3, $6.50 . 

90 days, one-fifth added 

3 mos., no fine 

Before March 13th yearly 



No grace. 



Yearly, No grace. 

Yearly. No grace. 

Yearly, No grace. 

Yearly. No grace. 



Grant . 


No grace 






Grant .... 


At present 1 yr., no fine 


Appl'n. . 


6 mos., fine not" stated 






























Jan. 10 . . . 


Yearly, No grace 







COUNTRY 



EUROPE 

C Austria 

C Belgium (15) 



C Czecho-Slovakia . 

C Denmark 

Finland 



C France (15) 

C Germany 

Gibraltar 

C Great Britain 

Guernsey 

C Hungary 

Holland 

C Italy, 1 yr. term (15) 

Italy, 6 yr. term (15) 

Jersey 

Jugo-Slovakia 

Luxembourg 

•Malta 

C "Norway 

C Portugal (15) 

Poland 

Roumania 

Russia 

C Spain 

C Sweden 

C Switzerland 

Turkey 



T — Term within which working must 

be begun. 
S — Working must not be suspended 

thereafter longer than time 

named at any one time. 



NORTH AMERICA 

Canada 

C Mexico 

Newfoundland. . . . 



T. 3 yrs. from grant. S. 1 yr. . . ... 

T. 1 yr. from commencement work 
ing elsewhere. S. 1 yr 

T, 3 yrs. from grant. S. 1 yr. . . . 

T. 3 yrs. from issue. S. 1 yr. . , . 

T. If marketed abroad article must 
be obtainable in Finland. Impor- 
tation sufficient 

T. 2 yrs. from issue. S. 2 yrs. . . . 

Citizens of U. S. need not work.. . 

Not required 

T. 4 yrs. from application. S. 1 yr. 

Not required 

T, 3 yrs. from grant. S. 1 yr. . . . 

T, 5 yrs. from application 

T. 1 yr. from application. S. 1 yr. . 

T. 2. yrs. from application. S. 2 yrs. 

Not required 

T. 3 yrs, fiom grant, S. 1 yr. . . . 

T. 3 yrs. from application. S. 1 yr. 

Not required 

T. 3 yrs. from application. S. 1 yr. 

T. 2 yrs. from issue. S. 2 yrs. . . . 

T. 3 yrs. from grant, S, 1 yr.. . . 

T. 4 yrs. from application. S. 2. yrs. 

T. 5 yrs., subject to official inspect. 

T. 3 yrs. from grant, S. 1 yr. . . . 

Not required 

Citizens of U. S. may work in U. S. 

T, 2 yrs. from application. S. 2 yrs. 



T. 2 yrs, from issue 

Not required 

T. 2 yrs. from application. 



CENTRAL AMERICA 



British Honduras 

Costa Rica 

Guatemala 

Honduras 

Nicaragua 

Salvador 



Not required 

T. 2 yrs. from registration. S. 3 yrs, 

T, 1 yr, from grant, S, 1 yr 

Not required 

T. 1 yr. from grant. S. 1 yr 

Not required 



SOUTH AMERICA 

Argentine Republic 

Bolivia 

Z Brazil '. 

British Guiana 

Chile 

Colombia 

Ecuador 

Falkland Islands. . . 

Panama 

Paraguay 

Peru 

Uruguay 

Venezuela 



T. 2 yrs. from issue. S. 2 yrs. . . . 

T. 1 yr. from grant 

T. 3 yrs. from grant. S. 1 yr. . . . 

Not required 

T.Termfixedinpatent-usually2yr. 

T. 1 yr, from grant S, 1 yr 

T. 1 yr, from grant 

Not required 

T. 1 yr, from grant, S, 1 yr 

Not usually required 

T, 2 yrs, from grant 

T, Term fixed in patent, S, 1 yr. 
T, 2 yrs. from issue 



C Countries marked thus are members of the International Convention. 

Numbers in country columns refer to correspondingly numbered notes which follow these tables. 



54 



TAXES-Grace and Fine. (See pages 44 to 48), WORKINGS, (See pages 44 to 48). 



GRACE AND FINE 



No grace . . . 
6 mos., $60. 



1 mo., $10; 2, $20; 3, $30. 
6 mos., $60 



1 mo., $10; 2, $20; 3, v$30. 
1 mo., $10; 2, $20; 3, $30. 



COUNTRY 



WEST INDIES 

Bahamas 

Barabadoes 

Bermuda 

: Cuba (15) 

Grenada 

Jamaica 

Leeward Islands. . . 

Porto Rico 

St. Lucia 

St. Vincent 

:; San Domingo 

Trinidad & Tobago 



T — Term within which working must 

be begun. 
S — Working must not be suspended 

thereafter longer than time 

named at any one time. 



Not required 

Not required 

Not required 

"Nacional" patent. T. 1 yr. S. 1 yr. 

Not required 

Not required 

Not required , 

Not required 

Not required 

Not required 

Not required 

Not required 



Charge 

(Sec 
page J 7) 



60.00 



)prn.. . . 


6 mos., $30 




)pl'n.... 


No grace 






ipl'n.. . . 
jgist'n . 


1 mo., $7.50; 2, $12.50; 3, $22.50 . 
No grace 


^pl'n. . . . 
jpl'n.. . . 
)pl'n... . 


1 mo., $10; 2, $15; 3, $25 

No grace 


No grace 


jpl'n. . . . 


No grace 




)prn.. . . 


No grace 







1 mo.,S25; 2, S35;3, $50. 
1 mo., $10; 2, $15; 3, $25. 



6 mos., $60. 
6 mos., $60. 



6 mos., $60 

30days, $3;60days, $5.. 
1 mo., $10; 2, $20; 3, $30. 



6 mos., $60 

1 mo., $5; 2, $10; 3, $15.. 
1 mo., $3; 2, $4; 3, $5.. .. 
1 mo., $10; 2, $15; 3, $25. 



3 mo., $20; each addl. to 12, $4 
3 mos., $15 



ASIA 

Br. North Borneo. . 
C Ceylon 

China 

Deccan (Hyderabad) 

Hong Kong 

India 

C Japan 

Mysore 

Negri Sembilan 

Pahang 

Perak 

Philippines 

Selangor 

Straits Settlements. . 

AFRICA 

Belgian Congo 

Br. Central Africa.. . 
East Africa Prot. . . . 

Egypt 

Gambia, British .... 
Gold Coast Colony . . 

Liberia 

Mauritius 

Nigeria 

Portuguese Colonies. 

Rhodesia 

St. Helena 

Seychelles 

So. Africa (Union) . 

C Tunis 

Zanzibar 



Not required 

Not required. . .' 

Not required 

Not required 

Not required 

Not required 

T. 3 yrs. from registration. S. 

Not required 

Not required 

Not required 

Not required. . . . *. 

Not required 

Not required 

Not required 



yrs. 



50.00 



Not required 

T. 4 yrs. from application. S. 

Not required 

Not required 

Not required 

Not required. 

T. 3 yrs. from grant 

Not required 



1, yr, 



Not required 

Not required 

Not required 

Not required 

Not required 

Not required 

T. 2 yrs. from issue. 
Not required 



S. 2 vrs. 



65.00 



125.00 



65.00 



AUSTRALASIA 

C Austral. C'wealth 15|T. 2 yrs. from application. S. 1 yr. 

Fiji Islands JNot required 

C New Zealand I Not required 



35.00 



Countries marked thus are members of the International Convention. 

Numbers in country columns refer to correspondingly numbered notes which follow these tables. 



55 



Further Information. 

Further or more specific in formation with regard to the law and 
practice in any country or countries will be supplied upon request. 



a 



SERVICE.' 



We are prepared to handle any or all questions arising in connection 
with patent or trade-mark matters, whether general soliciting before the 
various tribunals of the Patent Office, vaHdity or infringement searches 
'and opinions, interferences, expert testimony or litigation in patent causes, 
and we maintain for these purposes a staff of highly trained technical 
and legal specialists. Realizing the present day appreciation of ''service," 
our office staff is organized into four separate departments, as follows : 

Patent Department, 
Trade-Mark Department, 
Foreign Department and 
Litigation. 

Each is under the direct personal supervision of a specially 
equipped man. All inquiries and other matters are referred to the proper 
department as soon as received and are immediately taken up for proper 
action or response. Regular conferences between the firm and the heads 
of the departments are held to consider questions of great difficulty or 
importance. 



RICHARDS & GEIER, 

277 Broadway New York, N. Y. 



56 



\imm!!iSL2r CONGRESS 




^^^^fe|| 



019 973 388 e 



Telephones : WORTH > qaca 



Gable Address : 
RICHATTY, NEWYORK 



RICHARDS & GEIER 

PATENT AND TRADE-MARK ATTORNEYS 



277 BROADWAY 



NEW YORK 



NOTICE 

We attend to all kinds of Patent* Trade-'Mark, Design, 
and Copyright work in all countries of the world. 

RICHARDS ;& GEIER. 



^^"^•^^i*^""*^^*^ 






^^"^^ii^^ 



^ 



LIBRARY OF CONGRESS 



019 973 388 5 



HoUinger Corp. 
pH8.5 



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